• DEPARTMENT  OF  HIGHWAYS 

ROAD  RED  BOOK 


OF  THE 

Bureau  of  Town  Highways 


1910 


. 


STATE  OF  NEW  YORK 
STATE  HIGHWAY  COMMISSION 


BUREAU  OF  TOWN  HIGHWAYS 

BULLETIN  No.  1 

Containing  Practical  Suggestions  and  Directions  to 
Highway  Officers  Relating  to  the  Construction, 
Improvement,  Repair  and  Maintenance  of 
Town  Highways  and  Bridges,  the  High= 
way  Law  of  1 908,  as  Amended, 
and  the  Motor  Vehicle  Law 

BY 

FRANK  D.  LYON 

Deputy  Commissioner 


January,  1910 


ALBANY 

J.  B.  LYON  COMPANY,  STATE  PRINTERS 


TABLE  OF  CONTENTS. 


PAGE. 

Agreements 100 

Berm  ditches  16 

Bridges,  suggestions  58 

Collection  of  taxes  against  state  lands 105 

Complaints 99 

Concrete  slabs  45 

Cultivation  of  crops  within  the  bounds  of  the  highway 97 

Culverts  and  short  span  bridges 29 

Drainage 15 

Gravel  for  surfacing 26 

Highway  bridges  47 

Highway  law  145 

I beams  on  culverts  and  short  span  bridges 46 

Injury  to  highways  and  bridges 94 

Inspection 56 

Inspection  of  wooden  bridges 57 

Inventory  of  tools,  implements  and  machinery 93 

Location  and  grades 13 

Maps 7 

Maintenance  of  earth  roads 11 

Mechanical  power  for  highway  work 67 

Organization 6 

Organization  of  forces 60 

Prefatory  note  3 

Removal  of  obstructions  caused  by  snow 82 

Boad  honing  or  rut  scraping 70 

Boad  machinery  64 

Rules  and  regulations,  county  superintendents 107 

Buies  and  regulations,  supervisors 135 

Buies  and  regulations,  town  clerks 142 

Buies  and  regulations,  town  superintendents 118 

Side  ditches  16 

State  standards  28 

Stock  plans  56 

Stone  crushers  163 

Surfacing  earth  roads 24 

Town  highways  and  bridges 6 

Town  patrolman  80 

Underdrainage 1^ 

Uniform  system  of  town  accounts 63 

Value  of  highway  improvement ** 

Wide  tires  166 


2 


PREFATORY  NOTE. 


The  highway  system  of  the  State  of  New  York  entered  upon  a 
new  epoch  in  its  history  with  the  introduction  of  the  Highway 
Law  on  January  1,  1909.  This  law  did  more  than  to  revise  and 
codify  already  existing  laws.  By  it  were  originated  entirely  new 
methods  of  State,  county  and  town  administration  of  highway 
affairs.  By  it  a unity  of  central  authority  and  supervision  with 
local  control  and  responsibility  was  accomplished.  This  was 
effected  by  creating  a State  Highway  Commission  with  full  power 
to  aid,  supervise  and  direct  the  local  officer  in  administering  high- 
way affairs  in  his  locality  on  the  one  hand,  and  on  the  other  by 
retaining  in  the  local  officer  all  his  powers  and  responsibilities  in 
respect  to  local  conditions  and  the  expenditure  of  town  and  county 
funds.  By  it  was  outlined  a comprehensive  system  of  trunk 
highways  and  means  provided  for  their  construction  at  the  sole  ex- 
pense of  the  State.  By  it  was  outlined  a system  of  county 
highways  to  be  constructed  by  the  State  at  the  joint  expense  of  the 
State,  county  and  towns.  By  it  the  antiquated  and  ineffective 
labor  system  of  taxation  for  town  highway  maintenance  was 
entirely  abolished  and  the  present  money  tax  system  instituted. 
Provision  was  made  for  the  supervision  of  not  only  the  work  of 
local  officers  charged  with  the  care  of  the  highways,  but  also  of 
those  in  charge  of  raising,  keeping  and  expending  the  moneys  to 
pay  therefor. 

The  interests  of  the  town  and  county  in  the  construction  of  both 
town  and  county  highways  have  been  amply  protected  by  the  dif- 
ferent safeguards  providing  for  the  awarding  of  contracts  and  the 
State’s  supervision  of  their  execution,  and  by  a system  of  uniform 
accounting  of  all  moneys  raised  for  highway,  bridge  and  miscel- 
laneous purposes  and  the  proper  audit  thereof  by  representatives 
of  the  State  Highway  Commission. 

This  volume  deals  purely  with  the  Bureau  of  Town  Highways 
and  its  work  and  in  its  preparation  no  attempt  has  been  made  to 
enter  into  any  questions  relating  to  any  portion  of  the  highway 
work  which  is  not  directly  connected  with  the  Bureau  of  Town 
Highways. 


4 


In  the  following  pages  will  be  found  the  matter  embodied  in  the 
different  pamphlets  which  have  been  issued  by  this  Bureau  from 
time  to  time,  consisting  of  directions  for  the  guidance  of  the 
various  town  and  county  officers,  the  construction  of  culverts  and 
short  span  bridges,  the  location  and  drainage  of  highways,  the 
use  of  snow  rollers  or  packers  in  the  removal  of  obstructions  caused 
by  snow,  hints  upon  construction  of  earth  roads  under  different 
conditions  with  sundry  cuts  illustrative  thereof,  and  various  other 
articles  and  papers  directly  bearing  upon  the  work  of  this  Bureau. 

S.  Percy  Hooker,  Chairman, 

T.  Warren  Allen, 

Robert  Earl, 

Commissioners. 


Albany,  December  1,  1910. 


VALUE  OF  HIGHWAY  IMPROVEMENT. 


The  value  of  good  roads  can  scarcely  be  over-estimated.  The 
State,  county  and  town  cannot  attain  to  their  full  share  of  pros- 
perity until  each  and  every  mile  of  the  eighty  thousand  miles  of 
highway  in  the  State  have  been  repaired  and  improved.  The 
amount  of  travel  which  each  highway  or  section  thereof  is  called 
upon  to  carry,  naturally  and  necessarily  governs  the  required 
time,  attention  and  necessary  outlay  therefor. 

Steam  and  trolley  railways  will  not  and  cannot  take  the  place 
of  public  thoroughfares.  The  construction  of  such  railways  simply 
creates  a demand  for  good  roads.  The  distinction  between  good 
roads  and  bad  roads  implies  that  the  communities  through  which 
they  pass  are  progressive  or  dormant,  prosperous  or  non-prosperous, 
enjoyable  or  unpleasant. 

The  proper  maintenance,  repair  and  improvement  of  public 
highways  is  dependent  upon  skill,  experienced  direction  and  an 
efficient  system.  A problem  not  easy  of  solution  has  been  to  devise 
means  so  that  the  towns  of  the  State,  either  by  an  appointive  or  an 
elective  system,  can  secure  men  of  the  right  character  to  take 
charge  of  work  of  this  importance;  and  when  once  appointed  or 
elected,  there  should  he  no  disposition  on  the  part  of  the  authori- 
ties of  the  town  to  demand  a change  on  account  of  personal  pique 
or  for  any  other  reason  excepting  malfeasance  or  misfeasance  in 
office.  Permanency  in  office  is  an  essential.  In  towns,  local  men 
have  been  selected,  who  necessarily  must  gain  their  knowledge  at 
the  expense  of  the  town.  The  best  man  obtainable,  regardless  of 
political  affiliations,  should  he  elected  or  appointed  as  town  super- 
intendent. He  should  be  a man  of  good  practical  judgment,  cap- 
able of  laying  out  the  work,  and  of  handling  and  directing  men. 
He  should  make  a careful  study  of  the  principles  of  roadmaking 
and  the  local  conditions  in  order  that  the  best  results  may  be 
obtained.  Citizens  of  a town  should  always  bear  in  mind  the  fact 
that  the  proper  education  of  a good  town  superintendent  is  an 
expensive  matter  and  that  when  a town  has  a good  superintendent, 
well  educated  in  road  building  methods,  it  is  extremely  poor 


5 


6 


economy  to  discontinue  his  services  and  undertake  the  educa- 
tion of  a new  man.  Drainage,  grading,  crushing  stone,  the 
selection,  hauling,  and  handling  of  stone  and  gravel,  the  method 
of  placing  these  materials  on  the  road,  all  suggest  the  many 
details  which  tend  to  economical  and  good  results. 

Good  roads  are  important  to  the  financial,  social,  and  educa- 
tional welfare  of  any  community  and  any  enumeration  of  their 
advantages  is  likely  to  include  all  the  benefits.  The  principal 
advantages  of  good  roads  are  as  follows:  They  decrease  the  cost 
of  transportation;  they  permit  the  cultivation  of  crops  not  other- 
wise marketable;  they  give  a longer  time  for  the  marketing  of 
crops;  they  permit  marketing  to  be  done  when  prices  are  most 
favorable ; they  give  a wider  choice  of  marketing  places ; they  tend 
to  equalize  railroad  traffic;  they  tend  to  equalize  mercantile  busi- 
ness between  different  seasons  of  the  year ; they  permit  more  easy 
intercourse  between  residents  of  rural  communities  and  also  be- 
tween rural  and  urban  populations;  they  facilitate  the  consolida- 
tion of  rural  schools  and  the  rural  free  delivery  system. 

As  a result  of  the  new  law  it  became  necessary  for  the  Commis- 
sion to  prepare  various  directions,  suggestions,  and  information 
for  the  guidance  of  officials  who  are  to  be  in  direct  charge  of  the 
work  and  of  the  funds.  In  general  the  results  have  been  extremely 
gratifying.  Mistakes  have  been  made  and  errors  have  occurred 
but  these  are  not  nearly  as  great  in  importance  or  number  as 
might  have  been  reasonably  expected  from  so  radical  a change  as 
was  made  by  the  introduction  of  the  new  system.  With  each  suc- 
ceeding month  the  work  becomes  more  and  more  systematized  and 
the  machinery  runs  more  smoothly,  and  there  is  every  reason  to 
believe  that  in  the  very  near  future,  the  hopes  of  the  originators 
of  this  system  will  be  fully  realized. 

ORGANIZATION. 

The  organization  of  the  Bureau  of  Town  Highways  is  as 
follows : 

First. — The  second  deputy  in  charge. 

Second. — An  assistant  to  the  second  deputy. 

Third. — Ten  district  supervisors,  each  of  whom  is  assigned  to 
a subdivision  of  the  State  defined  and  known  as  a district,  and 
comprising  from  four  to  seven  counties  to  each  district. 

Fourth. — In  accordance  with  the  provisions  of  law,  fifty-seven 
county  superintendents  appointed  by  the  respective  boards  of 
supervisors. 


7 


Fifth. — Nine  hundred  and  thirty-four  town  superintendents 
elected  by  the  towns. 

Sixth. — The  934  supervisors  of  the  respective  towns  of  the  State 
who  by  law  are  the  custodians  of  the  town  highway  funds,  to  which 
is  added  the  money  paid  by  the  State  as  State  aid,  and  who  are 
required  to  pay  -out  these  funds  upon  the  written  order  of  the  town 
superintendent. 

Seventh. — The  other  members  of  the  town  boards  in  conjunc- 
tion with  the  supervisor  and  town  superintendent  in  entering  into 
an  agreement  as  to  the  proper  expenditure  of  the  highway  moneys. 


MAPS. 

Soon  after  the  organization  of  the  Bureau  it  became  apparent 
that  a comprehensive  system  of  maps,  either  by  county  or  towns, 
would  ultimately  become  a prime  necessity  in  the  proper  conduct 
of  the  work.  Accordingly  it  was  determined  to  prepare  a series 
of  town  maps  covering  the  entire  State.  Draftsmen  were  employed 
and  the  work  has  been  progressed  during  the  past  year  to  the 
extent  that  about  one-half  of  the  primary  work  is  completed. 
This  system  when  completed  will  be  found  valuable  in  keeping 
a record  and  designation  of  highways,  bridges,  sluices  and  cul- 
verts and  the  condition  of  the  same,  repaired  and  improved  or  to 
be  repaired  and  improved,  and  will  enable  the  department  and 
the  different  county  and  town  officers  to  keep  closely  in  touch 
with  the  progress  of  all  affairs  relating  to  highway  improvement 
in  each  of  the  different  towns. 

The  completed  maps  show  the  character  of  all  portions  of  roads 
in  each  town,  also  the  kind  and  class  of  construction  of  bridges, 
sluices  and  culverts.  Legends  have  been  adopted  by  means  of 
which  are  shown  the  exact  character  of  every  piece  of  work, 
whether  State  or  county  macadam,  town  macadam,  gravel,  or  earth 
which  have  been  only  shaped  and  crowned  or  which  have  not  been 
shaped  or  crowned  or  otherwise  improved.  Legends  have  also 
been  prepared  which  show  the  character  and  construction  of  every 
sluice  or  culvert  and  as  improvements  or  changes  are  made,  from 
time  to  time,  these  maps  are  to  be  corrected  in  accordance  there- 
with so  that  they  may  furnish  at  all  times  a complete  and  ac- 
curate record  of  the  character  of  the  different  improvements  as 
made.  The  cut  on  page  nine  is  representative  of  a quarter  sec- 
tion of  a town.  It  will  be  noticed  that  in  accordance  with  the 
legend  State,  county  and  town  macadam  highways  are  shown,  also 


8 


town  gravel  roads  and  town  roads  which  have  been  shaped  and 
crowned.  At  the  intersection  of  every  highway  the  elevation  above 
the  sea  is  indicated  by  figures.  All  buildings  are  located.  It  will 
be  seen  that  the  plan  is  adopted  of  naming  the  highways  and 
numbering  the  culverts  and  bridges,  a single  circle  indicating  a 
culvert  and  a double  circle  indicating  a bridge.  By  reference  to 
the  legend  it  will  be  easy  to  determine  the  class  or  kind  of  con- 
struction. The  plain  circle,  either  single  or  double,  indicates  the 
fact  that  at  some  future  date  it  will  be  necessary  to  replace  such 
bridge  or  culvert  in  accordance  with  the  rules  and  regulations  of 
the  Commission. 

A portfolio  containing  the  towns  of  each  county  will  be  retained 
in  the  Albany  office  and  a portfolio  containing  each  town  of  each 
county  will  be  forwarded  to  the  county  superintendent  and  single 
sheets  of  each  town  will  be  furnished  the  supervisor,  town  super- 
intendent and  town  clerk  and  the  other  members  of  the  town 
board  upon  request. 

It  is  the  plan  as  soon  as  these  maps  are  completed  and  the 
system  fully  inaugurated,  to  confine  all  correspondence  which  has 
reference  to  highways,  culverts  or  bridges,  within  a town,  to  any 
road  by  name  and  to  any  culvert  or  bridge  by  number.  County 
and  town  officials  are  particularly  requested  to  carefully  scruti- 
nize the  cut  referred  to,  to  the  end  that  they  may  familiarize 
themselves  in  advance  with  this  system. 

All  these  maps  are  drawn  on  a scale  of  three  inches  to  the  mile 
and  all  highways  are  uniformly  indicated  one-quarter  inch  in 
width  regardless  of  scale. 


* 


EPO/1EOJ 

<5  TATE 


LEGEND 

TO  BE  EL  /Ef/ALA  TEE? 


goua/tt 


TOWN  (STONE) 
TOWN  (GRAVEL) 


TOWN(SHAP£D&  CROWNED) 

i i ~ :.r  =3 


CAST  /POA/  P/PL  OP 
CAST  SEGT/OA/AL  SLU/C£ 
STOA/E  NASO  A/P  V 
OP  COA/CPETE 


TO  BE  EL/M/NATED 


CULVERTS 

£*z 


© 

© 

(3 


BR/OGES 


/BOA/  OP  STEEL 

COA/CPETE  NASOA/PV  PBCH 
I-BEAM  OP  COA/CPETE  EL  OOP. 


(3: 


LIBRARY 
Ol  IHf 

omvERSiTr  o>  <• 


TOWN  HIGHWAYS  AND  BRIDGES. 


In  accordance  with  the  provisions  of  section  11  of  the  Highway 
Law  the  duties  of  the  deputy  appointed  by  the  Commission  to 
supervise  the  work  under  the  jurisdiction  of  the  Bureau  of  Town 
Highways  relates  entirely  to  the  repair  and  maintenance  of  town 
highways  and  bridges  and  has  no  connection  whatever  with  the 
construction  of  State  or  county  highways  or  their  maintenance. 

Town  Highways. 

The  work  performed  under  the  direction  and  supervision  of 
the  Bureau  of  Town  Highways,  relates  to  the  repair,  improve- 
ment and  maintenance  of  all  highways  of  the  State  which  have 
not  been  improved  as  State  or  county  highways,  and  at  this  date 
embraces  a total  mileage  of  79,646  of  which  2,318  miles  have 
been  macadamized,  8,177  miles  gravelled  and  53,621  miles  shaped 
and  crowned.  It  must  be  noted  that  this  improvement  is  in  addi- 
tion to  2400  miles  of  State  and  county  roads,  which  have  been 
constructed  under  the  direct  supervision  and  authority  of  other 
bureaus  connected  with  the  State  Highway  Department. 

There  was  levied  and  collected  by  tax  in  the  various  towns  for 
highway  purposes  for  the  fiscal  year  ending  October  31,  1900, 
$2,526,612.39,  on  which  the  State  was  required  to  pay  State  aid 
to  the  amount  of  $1,441,751.20.  The  following  table  shows  the 
total  receipts  for  highway,  bridge,  machinery  and  miscellaneous 


purposes : 

Highway  tax $2,526,612  39 

State  aid 1,441,751  20 

Balance  on  hand  from  previous  year 197,012  10 

Bridge  taxes 749,882  24 


10 


Machinery  taxes  . $203,845  26 

Miscellaneous  taxes 392,142  27 

Town  superintendents’  salaries 504,562  63 

Compensation  for  supervisor  and  town  clerk.  . . . 93,327  99 


Total $6,109,136  08 


The  total  value  of  tools,  implements  and  machinery  owned  or  in 
the  possession  of  the  towns  throughout  the  State  aggregates  nearly 
$1,250,000. 


Genesee  County. — Town  Road  in  Town  of  Pavilion. 


o' 


•t' 


O' 


CONSTRUCTION  AND  REPAIR  OF  TOWN  HIGHWAYS. 


Maintenance  of  Earth  Roads. 

The  proper  maintenance  of  earth  roads,  considering  the  State 
at  large,  is  unquestionably  of  more  importance  than  any  of  the 
problems  that  are  solved  and  to  be  solved  either  in  construction  or 
maintenance  of  more  expensive  roads. 

At  the  present  time  for  every  mile  of  road  improved  by  the 
State  there  are  more  than  twenty  miles  of  town  roads,  and,  under 
the  present  plan  when  all  roads  are  improved  that  possibly  can 
be  by  the  State  or  by  the  State  and  county,  there  will  still  be  more 
than  eight  miles  of  town  roads  for  every  mile  of  road  improved 
as  above.  Therefore,  the  careful  consideration  and  attention  of 
town  officials  are  called  to  a study  of  this  specific  and  special 
subject. 

Much  has  been  written  regarding  the  question  of  gradients, 
standardization  as  to  width  and  crown,  etc.,  the  proper  concep- 
tion of  which  means  the  placing  of  public  highways  in  such  a 
condition  that  they  may  be  preserved  and  maintained  at  a mini- 
mum cost.  It  has  been  demonstrated  that  by  the  proper  use  of 
road  hones  the  minimum  cost  of  maintenance  is  attained  on  such 
roads  as  have  been  properly  drained,  shaped  and  crowned  to  a 
standard  width  of  twenty-four  feet  between  ditches. 

The  skeptic  who  desires  to  verify  the  following  statement  is  at 
liberty  to  correspond  with  the  county  superintendents  of  any  one 
of  the  counties  of  the  State  that  has  been  progressive  enough  and 
had  co-operation  enough  on  the  part  of  the  town  superintendent 
to  establish  an  ideal  system  of  earth  roads.  It  has  been  demon- 
strated in  many  instances  that  for  terms  varying  from  one  to  six 
years  and  under  varying  conditions  of  soil  and  traffic,  by  a syste- 
matic use  of  road  hones  in  districts  varying  from  three  to  six 
miles  each,  earth  roads  have  been  maintained  and  kept  in  an  ideal 
condition  at  an  average  cost  of  less  than  six  dollars  per  mile  per 
year.  If  the  directions  contained  in  this  bulletin  which  relate  to 
road  honing  are  carefully  carried  out  it  will  be  noticed  that  a town 


li 


12 


with  100  miles  of  public  thoroughfares  can  maintain  and 
keep  those  roads  in  the  condition  as  above  described,  barring 
extraordinary  conditions,  at  an  annual  cost  in  the  neighbor- 
hood of  $600  per  year.  If  this  same  town  received  by  tax  and 
by  State  aid  $50  per  mile,  or  $5,000,  which  is  very  common,  it  will 
be  noticed  that  in  any  town  where  the  roads  have  been  shaped  and 
crowned  and  properly  drained,  and  then  maintained  in  this  manner 
there  will  be  an  annual  fund  of  over  $4,000  available  for  permanent 
improvement,  such  as  surfacing  with  gravel  or  crushed  stone. 


LOCATION  AND  DRAINAGE  OF  HIGHWAYS. 


A country  road  should  be  thoroughly  drained  in  order  that  it 
may  be  kept  dry;  the  best  available  material  should  be  used; 
great  care  should  be  taken  to  keep  the  surface  smooth  and  free 
from  ruts  and  depressions,  and  efforts  should  be  made  to  reduce 
steep  grades  by  cutting  off  the  top  of  each  hill  and  filling  in  at 
the  bottom. 

Those  who  drive  over  a road  can  easily  discover  whether  it  is 
a good  one  and  whether  proper  care  and  attention  has  been  given 
in  carrying  out  the  suggestions  for  the  guidance  of  town 
superintendents. 

A good  road  must  be  kept  dry,  and  in  order  to  keep  it  dry, 
after  proper  attention  has  been  given  to  drainage,  the  crown  must 
be  preserved  and  all  depressions  filled  so  that  it  will  not  become 
watersoaked ; and  at  no  time  should  any  part  be  allowed  to  remain 
in  such  a condition  that  it  will  retain  water  on  its  surface. 

This  article  treats  of  the  two  items  which  it  is  believed  are 
by  far  the  most  important  in  the  construction,  repair  and  main- 
tenance of  highways,  viz.,  location  and  grades,  and  drainage. 

Location  and  Grades. 

One  of  the  greatest  defects,  and  often  one  of  the  most  expensive 
to  remedy,  is  a faulty  location.  Many  of  the  New  York  State 
roads  are  built  over  the  tops  of  the  highest  hills  and  down  into 
and  out  of  the  deepest  valleys,  most  of  which  could  have  been 
avoided  had  the  roads  been  properly  located  when  first  laid  out. 

Of  course,  with  a faulty  location  we  have  many  steep  grades 
that  limit  the  load  that  can  be  moved  over  the  better  portions  of 
a road  between  steep  grades.  A chain  is  “ no  stronger  than  its 
weakest  link,”  and  the  load  from  farm  to  market  is  limited  by 
the  steepest  grade  or  the  poorest  road  over  which  it  has  to  be 
carried.  The  steeper  the  hill  the  smaller  the  load  that  can  be 
moved  by  the  same  amount  of  power. 


13 


14: 


Accurate  tests  have  shown  that  a horse  which  can  pull  on  a 
level  road  1,000  pounds,  on  a rise  of 

1 foot  in  100  feet  can  draw  only  900  pounds. 

1 foot  in  50  feet  can  draw  only  810  pounds. 

1 foot  in  44  feet  can  draw  only  750  pounds. 

1 foot  in  40  feet  can  draw  only  720  pounds. 

1 foot  in  30  feet  can  draw  only  640  pounds. 

1 foot  in  25  feet  can  draw  only  540  pounds. 

1 foot  in  24  feet  can  draw  only  500  pounds. 

1 foot  in  20  feet  can  draw  only  400  pounds. 

1 foot  in  10  feet  can  draw  only  250  pounds. 

A road  with  steep  grades  is  usually  difficult  and  expensive  to 
maintain,  as  the  surface  water  has  a greater  velocity  down  the 
steep  grades  and  often  seriously  damages  the  roadway  and  ditches 
during  heavy  rainstorms. 

In  a great  many  cases  the  location  of  the  road  may  he  improved 
by  placing  it  where  soil  conditions  for  drainage  and  surfacing  are 
better,  avoiding  swamps  where  the  soil  may  consist  of  vegetable 
matter  or  be  otherwise  unsuitable.  Thus  the  cost  of  maintenance 
may  often  be  reduced  by  an  improved  location.  Again,  the  un- 
necessary crossing  of  hill,  valley,  swamp,  stream  or  railroad  may 
frequently  be  avoided  by  giving  the  road  a new  location. 

The  steep  grades  on  our  country  highways  should  be  eliminated 
as  fast  as  the  means  available  -will  permit,  starting  with  those 
that  are  steepest  and  which  are  situated  on  those  roads  having  the 
heaviest  travel.  If  the  grades  cannot  be  reduced  to  a five,  six 
or  seven  foot  rise  in  100  feet  horizontally,  with  a moderate 
amount  of  excavation  at  the  top  and  an  embankment  at  the  foot 
of  a hill,  it  is  then  wiser  to  seek  a new  location  and  go  around 
instead  of  over,  remembering  the  old  saying  that  “ the  bale  of  a 
bucket  is  no  longer  when  it  is  horizontal  than  in  a vertical  posi- 
tion.” If  possible  each  steep  grade  should  be  reduced  to  the 
permanent  maximum  grade  decided  on  by  the  commission, 
division  engineer  or  district  or  county  superintendent  with  per- 
manent drainage  plan  and  a proper  surface  provided.  If  the 
grade  is  only  reduced  a small  amount  year  after  year,  as  is 
common  practice,  the  roadway  is  annually  torn  up  and  made 
impassable  for  public  use. 

A proper  drainage  plan  is  as  essential  on  a hill  as  elsewhere. 
The  water  should  be  turned  away  from  the  road  at  the  top  of 
the  hill,  and  as  frequently  as  possible  led  out  of  the  ditch  before 


Schoharie  County. — Town  of  Carlisle.  Section  of  road  which  previous  to  improvement  was  almost  impassable  for  several  weeks 
during  the  spring  and  always  bad  when  wet.  Two  bridges  necessary  by  reason  of  small  brook  crossing  the  road  twice  within  short 
distance. 


P 0- 

O T3 


Schoharie  County. — Town  of  Carlisle.  Road  shown  on  cut  facing  page  14  after  improvement.  Brook  carried  whole  distance 
l one  side  of  road,  track  straightened  and  shaped  with  road  machine.  Crushed  stone  10  feet  wide,  10  inches  to  18  inches 
;ep,  cost  $1,200  per  mile. 


15 


the  bottom  is  reached,  by  building  of  proper  culverts  or  sluices. 
The  practice  of  carrying  water  long  distances  in  the  ditches 
allows  it  to  accumulate  in  sufficient  quantities  to  damage  the 
road  and  ditches  during  and  after  heavy  rainstorms.  Provision 
should  be  made  for  the  disposal  of  water  from  the  rgqdside 
ditches  by  carrying  it  through  private  property  with  necessary 
drains  wherever  an  opportunity  exists.  The  crown  of  a road  on 
a hill  should  be  somewhat  greater  than  on  the  level  in  order  that 
the  water  may  be  carried  to  the  ditches  quicker,  and  should  not 
be  allowed  to  run  down  the  hill  lengthwise  of  the  road  following 
the  wheel  tracks,  thus  causing  ruts. 

The  benefits  of  an  improved  location  will  be  enjoyed  at  all 
seasons  of  the  year,  by  all  persons  and  by  future  generations. 

Drainage. 

Among  the  road  builders  of  to-day  good  drainage  is  recognized 
as  one  of  the  most  important  considerations,  whether  the  roads 
in  question  be  of  earth  or  those  with  a surface  of  stone,  gravel, 
slag  or  other  material.  No  subject  involved  in  the  construction, 
repair  or  maintenance  of  an  earth,  gravel  or  macadam  highway 
is  of  as  much  importance  as  that  of  drainage. 

Water  is  the  natural  enemy  of  any  road,  and  best  results  can 
not  be  obtained  from  the  materials  used,  let  them  be  what  they 
may,  until  the  water  is  eliminated.  This  is  a matter  which, 
generally,  has  been  very  much  neglected  — probably  from  a lack 
of  a clear  understanding  of  its  importance.  No  one  item  adds 
more  to  the  good  quality  of  any  road,  and  no  one  cause  operates 
more  quickly  to  destroy  it.  If  earth  roads  could  be  made  so  that 
their  surface  should  be  practically  impervious  to  water,  and  the 
water  beneath  the  surface  be  removed,  such  a condition  would 
produce  really  ideal  roads.  The  soil  absorbs' water  easily,  so  that 
it  is  scarcely  possible  to  make  a surface  that  will  shed  it  all, 
especially  in  climates  where  the  surface  is  subject  to  periodic 
freezing,  thawing  and  rainfall.  Roads  which  are  excellent  dur- 
ing the  summer  season,  when  the  roads  can  be  kept  intact,  lose 
the  semblance  of  their  summer  and  fall  conditions  during  the 
winter  and  spring  months  mainly  because  the  surface  is  not 
waterproof,  and  when  a road  builder  so  utilizes  local  materials 
as  to  produce  a roadway  the  subgrade  of  which  shall  be  dry — • 
either  naturally  or  artificially — with  a surface  which  is  im- 
pervious to  water,  then  he  has  the  perfect  road. 


16 


Drainage  is  accomplished  in  two  ways,  viz.,  by  surface  and 
underdraining,  and  each  in  its  way  is  vitally  important.  Sur- 
face drainage  is  exactly  what  its  name  indicates,  that  is,  the 
disposition  of  the  surplus  water  carried  on  the  surface  of  the 
ground,  and  it  is  accomplished  usually  by  properly  crowning  the 
roadway  thus  carrying  the  water  into  open  side  ditches  which 
must  have  a grade  sufficient  to  properly  discharge  all  waters 
which  may  be  carried  to  them. 

Side  Ditches. 

The  crown  of  a road  upon  a grade  should  be  greater  than 
upon  comparatively  level  surfaces,  for  the  reason  that  on  a grade 
it  is  necessary  to  crown  the  road  to  an  amount  sufficient  to  cause 
the  water  to  flow  toward  the  ditches  instead  of  lengthwise  of  the 
road. 

Side  ditches  should  be  of  such  cross  section  that  a road  machine 
may  be  easily  used  in  their  formation  and  maintenance,  as  when 
so  constructed  they  are  much  more  easily  and  cheaply  cleaned 
and  kept  in  repair.  Deep  side  ditches,  as  a rule,  are  undesirable 
not  only  because  of  the  fact  that  they  are  difficult  to  maintain, 
but  it  is  extremely  difficult  to  construct  a deep  ditch  of  such  cros3 
section  that  it  does  not  form  a constant  element  of  danger  to 
traveling  vehicles  which  may  by  accident  be  driven  into  the 
ditches. 

Berm  Ditches. 

Another  form  of  surface  drainage  which  in  many  places  would 
be  of  very  great  assistance  in  maintaining  the  highway,  and 
which  in  this  State  especially  has  been  but  little  used,  is  what 
is  known  as  a berm  ditch.  This  is  an  open  ditch,  usually  at  the 
top  of  the  bank,  alongside  the  road,  the  object  being  to  intercept 
surface  water  coming  from  territory  beyond  the  ditch,  and  pre- 
venting it  from  soaking  into  or  washing  down  the  face  of  the 
bank. 

The  sliding  of  banks,  especially  those  of  a clayey  nature,  is 
a frequent  source  of  trouble,  and  in  many  instances  a very  ex- 
pensive one.  This  sliding  is  in  nearly  all  cases  caused  by  the 
material  of  which  the  bank  is  composed  becoming  saturated  with 
water  from  the  lands  lying  back  of  it,  and  by  cutting  off  this 
surface  water  by  means  of  a berm  ditch  before  it  reaches  the 
bank,  troubles  of  this  kind  are  in  many  instances  entirely 
obviated. 


17 


Instances  are  rare  where  it  will  be  found  necessary  to  dig  a 
berm  ditch  deeper  than  three  feet,  and  in  very  many  cases  two 
feet  is  sufficient.  When  the  underlying  soil  is  hard-pan,  hard 
clay,  or  any  other  impervious  material,  the  ditch  must  be  cut 
down  to,  and  a little  way  into,  the  hard  material  in  order  to 
effectually  prevent  water  passing  to  the  face  of  the  bank. 

Underdrains. 

Under  very  many  conditions  surface  and  subdrains  are  each 
vitally  necessary  to  first  class  work.  The  matter  of  surface 
drainage  as  applied  to  side  ditches  is  one  which  in  recent  years 
has  been  quite  thoroughly  canvassed,  and  there  is  now  generally 
a satisfactory  understanding  in  regard  to  the  subject  by  those 
who  have  to  do  with  the  repair  and  maintenance  of  highways, 
but  the  matter  of  underdraining  is  one  to  which  comparatively 
little  attention  has  been  given,  and  which,  without  shadow  of 
doubt,  has  been  the  cause  of  countless  numbers  of  failures  of 
roads  which,  had  they  been  properly  underdrained,  would  have 
been  good  roads  in  every  sense  of  the  word. 

All  locations  where  water  is  present  in  the  soil  for  any  con- 
siderable period  of  time  at  a depth  of  three  feet  or  less  from  the 
surface  should  be  underdrained.  Underdrains  will  keep  a good 
base  upon  which  to  build  a road,  and  will  prevent  the  material 
of  which  the  road  is  composed  becoming  softened  by  water 
coming  up  from  below  through  the  subgrade  by  capillary  at- 
traction, but  surface  water  can  not  reach  underdrains  through 
a puddled  surface,  and  one  fact  patent  to  every  observer  of  an 
underdrained  road  is  enough  to  prove  the  necessity  of  close 
attention  to  surface  drainage,  and  that  is  this:  that  when  by 
any  means  a hole  has  been  made  and  puddled  by  the  continuous 
action  of  the  wheels,  practically  no  water  will  pass  through  the 
soil  at  those  places.  The  water  must  be  evaporated  or  the  puddle 
tapped  by  a surface  ditch.  Still  better  than  this  is  the  practice 
of  such  frequent  use  of  road  hones  or  drags  that  ruts  are  never 
allowed  to  acquire  any  considerable  depth  by  means  of  which 
water  may  be  retained.  The  surface  should  receive  such  care 
at  all  times  as  is  necessary  to  keep  it  crowned  and  to  drain  water 
from  all  portions  of  its  surface  quickly  to  the  side  ditches. 

Subdrainage  in  very  many  instances  lessens  the  cost  of  con- 
struction of  hard  roads  rather  than  increases  it,  by  reason  of 
2 


18 


the  fact  that  on  the  subgrade  which  is  properly  underdrained 
a less  thickness  of  covering  metal  is  required.  The  difference 
in  cost  as  between  the  amount  of  metalling  required  where  sub- 
drainage is  not  practised,  and  that  where  it  is,  being  almost 
universally  in  favor  of  underdrains. 

Wherever  water  stands  in  the  subsoil  at  a depth  of  three  feet 
or  less,  and  in  very  many  cases  at  a greater  depth  than  this,  the 
overlying  soil  — that  is,  the  portion  between  the  water  level  and 
the  roadbed  — absorbs  water  from  this  underground  reservoir 
by  capillary  attraction  in  greater  or  less  degree,  varying  with  the 
nature  of  the  soil,  thus  keeping  the  subgrade  of  the  road  in  a 
constantly  moist  and  in  many  cases  in  a positively  wet  condition, 
under  which  circumstances  a very  slight  excess  of  moisture  ap- 
plied to  the  top  in  the  form  of  rain  or  melting  snow  at  once 
produces  an  almost  fathomless  depth  of  mud.  When  properly 
underdrained  a soil  never  becomes  excessively  soft,  and  the 
properly  laid  underdrains,  by  constantly  removing  any  excess 
of  water  as  fast  as  it  appears,  keeps  this  subsoil  continually  dry 
at  all  seasons  of  the  year  and  becomes  immediately  an  important 
factor  in  the  character  of  the  road  so  drained.  When  it  is  re- 
membered that  a dry  road  is  almost  universally  a good  road,  the 
importance  of  the  means  of  obtaining  this  very  desirable  quality 
of  dryness  at  once  becomes  apparent. 

At  different  periods  various  means  have  been  utilized  to  ac- 
complish this  matter  of  underdraining.  Various  forms  of  under- 
drains have  been  laid,  some  of  wood,  some  of  stone  loosely 
placed,  others  of  stones  laid  in  the  form  of  a more  or  less  regular 
tube,  some  of  rocks,  some  of  brush,  etc.,  etc.,  but  at  the  present 
time  there  is  no  question  but  that  this  result  is  the  most  easily 
and  cheaply  obtained  by  the  use  of  tiles,  either  porous  or  glazed, 
the  cost  being  in  favor  of  the  porous  tiles  as  they  can  be  produced 
more  cheaply,  and  experience  has  shown  that  when  properly  laid 
there  is  practically  no  limit  to  their  effective  life. 

The  outlet  of  such  drains  should  consist  either  of  glazed  tile 
or  still  better  a short  length  of  iron  pipe  to  prevent  injury  by 
frost,  and  also  by  reason  of  its  greater  strength  it  is  better  able 
to  withstand  accident  or  rough  usage.  As  regards  size,  tile  of 
three-inch  diameter  will  in  the  great  majority  of  cases  be  found 
ample,  and  the  instances  are  undoubtedly  few  in  Yew  York  State 
in  which  it  will  be  found  necessary  to  lay  roadside  drains  of  a 
size  larger  than  this. 


19 


As  regards  location,  this  should  be  preferably  at  either  side 
of  the  road  rather  than  under  the  center,  not  only  for  the  reason 
that  the  first  cost  of  the  laying  is  much  less  at  the  side  than  in 
the  center,  but  repairs,  in  case  any  should  become  necessary, 
are  much  more  easily  accomplished;  and  experience  shows  that 
such  drains  are  equally  effective  whether  placed  under  the  center 
of  the  road  or  at  the  side,  except  in  special  instances  where  they 
may  be  necessary  to  carry  off  water  from  springs  or  springy 
places  occurring  directly  under  the  bed  of  the  road.  Drains  at 
one  side  of  the  road  are  usually  found  to  be  sufficient,  and  in 
cases  where  one  line  of  tile  only  is  used  it  should  be  located  on 
the  upper  side  of  the  road,  the  better  to  cut  off  water  as  it  ap- 
proaches the  bed  of  the  road  from  that  side.  The  depth  should 
not  be  less  than  three  feet  except  where  it  may  be  absolutely 
necessary  in  order  to  procure  the  proper  grade.  Four  feet  is  to 
be  preferred  in  all  instances,  and  of  such  records  as  are  available 
the  mass  of  testimony  seems  to  be  all  in  favor  of  a depth  still 
greater  than  this.  Data  procured  from  accurate  observations  of 
tile  laid  at  a depth  of  five  feet  shows  a very  remarkable  efficiency 
as  compared  with  that  laid  at  a less  depth,  but  in  the  soil  con- 
ditions as  generally  found  in  the  State  of  New  York  a depth  of 
from  three  to  four  feet  will,  without  doubt,  be  found  to  be  the 
most  efficient  and  economical,  and  depths  other  than  this  would 
only  be  necessary  where  special  cases  were  to  be  dealt  with. 

Care  should  be  taken  in  the  alignment  of  the  ditches  for  tile 
drains,  and  abrupt  changes  of  direction  avoided.  Where  change 
is  necessary,  it  should  be  done  by  an  easy  curve.  The  grade  is  a 
matter  of  prime  importance  and  should,  if  possible,  be  at  least 
three  inches  per  hundred  feet,  although  a great  amount  of  tile 
is  laid  on  a grade  less  than  this  — in  places  it  being  found 
necessary  to  reduce  the  grade  to  two  inches  and  in  some  places 
to  even  one  inch  per  hundred  feet.  The  bottom  of  the  ditches 
should  be  carefully  smoothed  and  brought  to  a true  grade  pre- 
vious to  the  laying  of  the  tile,  preferably  by  means  of  a line 
stretched  between  grade  stakes  in  exactly  the  same  manner  in 
which  sewers  are  graded,  but  any  means  which  insures  a correct 
grade  and  smooth  bottom  is  allowable.  In  laying,  each  tile 
should  be  carefully  turned  until  its  end  fits  closely  to  that  of  its 
neighbor,  and  the  joints  covered  either  with  a piece  of  burlap 
folded,  or  with  a little  strip  of  tarred  paper,  after  which  the 
material  excavated  from  the  ditch  is  replaced  — care  being  taken 


20 


to  tamp  the  first  few  inches  carefully  above  and  around  the  tile  to 
prevent  any  possibility  of  displacement. 

Water  enters  tile  drains  through  the  joints  from  the  bottom. 
The  amount  of  water  entering  a drain  through  the  pores  of  the 
tile  is  so  very  small  as  to  be  a negligible  quantity.  This  may 
easily  be  proved  by  plugging  one  end  of  a length  of  porous  tile, 
placing  it  in  a vertical  position,  filling  it  with  water,  and  observ- 
ing the  subsidence  of  water  in  the  tile,  which  must  be  by  seepage 
through  the  body  of  the  tile.  Kainfall  or  other  surface  water 
reaches  the  tile  by  passing  downward  in  a practically  vertical 
course  until  it  reaches  the  water  table  or  ground  water  level, 
which  is  the  level  of  the  bottom  of  the  inside  of  the  tile.  Sur- 
face water  after  reaching  this  level  moves  horizontally  toward 
the  tile  as  the  water  next  the  tile  enters  it,  and  is  carried  away. 
The  cut  on  page  22  gives  an  accurate  idea  of  the  exact  manner 
in  which  this  is  accomplished.  Iso  water  enters  the  drain  from 
the  top  except  such  as  falls  directly  over  it,  and  it  is  a mistake 
to  fill  the  ditch  immediately  above  the  tile  with  permeable  ma- 
terial such  as  small  stones  or  gravel.  This  actually  does  more 
harm  than  good,  to  say  nothing  of  the  unnecessary  expense. 

The  benefits  derived  from  underdraining  do  not  cease  with 
the  summer  months,  but  its  good  effects  are  fully  as  important 
during  the  winter  months  as  at  other  seasons  of  the  year. 

The  heaving  of  the  soil  which  is  caused  by  a surplus  of  water 
in  the  soil  has  much  to  do  with  the  unsettled  condition  of  earth 
roads  for  the  reason  that  the  soil  not  drained  becomes  com- 
pletely disarranged,  thrown  out  of  its  natural  position  and  soft- 
ened so  that  the  compactness  of  the  load-bearing  surface  of  the 
road  is  destroyed.  Frost  is  harmless  to  a road  where  there  is  no 
water  beneath  it,  and  by  keeping  the  foundations  dry  the  road 
is  prevented  from  being  broken  up  in  the  spring. 

A second  object  of  underdrainage  is  to  dry  the  ground  quickly 
after  a thaw.  When  the  frost  comes  out  of  the  ground  in  the 
spring  the  thawing  is  quite  as  much  from  the  bottom,  as  from 
the  top.  If  the  land  is  underdrained'  the  water  when  released 
by  thawing  from  below  will  immediately  be  carried  away.  This 
is  particularly  important  in  road  drainage  since  the  foundation 
will  then  remain  solid  and  the  road  itself  will  not  be  cut  up. 

ITnderdrainage  will  usually  prevent  “ the  bottom  dropping 
out  ” when  the  frost  goes  out  of  the  ground,  and  experiments  in 
various  localities  throughout  the  State  all  go  to  prove  that  by 


22 


23 


thoroughly  underdraining  roads  underlaid  with  quicksand  or  clay 
formations,  and  which  during  the  spring  thaws  become  nearly 
and  in  many  cases  entirely  impassable,  by  reason  of  a jelly-like 
condition,  such  places  are  entirely  reclaimed  and  the  trouble  due 
to  this  cause  is  entirely  done  away  with  simply  by  underdraining. 
After  a section  of  road  of  the  above-described  character  has  been 
thoroughly  underdrained,  the  application  of  a light  covering  of 
gravel  or  crushed  stone  will  make  an  excellent  road  out  of  one 
which  previous  to  such  treatment  had  been  during  the  spring 
season,  practically  impassable,  and  at  a much  less  cost  than  that 
of  any  other  means  by  which  the  same  results  could  have  been 
accomplished. 


SURFACING  EARTH  ROADS. 


Any  road  surfacing  material  should  be  of  the  same  quality  and 
degree  of  hardness  and  durability  throughout  so  that  the  surface 
may  wear  evenly  and  remain  smooth  and  free  from  holes  and  de- 
pressions caused  by  the  traffic.  No  attempt  should  ever  be  made 
to  surface  an  earth  road  with  gravel  or  crushed  stone  until  it 
has  received  proper  primary  attention  by  standardizing  as  to 
width,  proper  shaping  and  crowning,  straightening  the  ditch 
lines  and  the  construction  of  substantial  culverts  and  proper  at- 
tention has  been  paid  to  the  matter  of  drainage,  etc.  Never  under 
any  circumstances  place  on  the  surface  of  the  road  sod,  roots,  or- 
ganic material  or  any  worn  out  dust  or  mud  scraped  from  the 
ditches  or  sides  of  the  road. 

After  an  earth  road  has  been  properly  shaped  and  crowned,  ditch 
lines  straightened,  proper  culverts  constructed  and  the  road  prop- 
erly drained,  those  having  the  most  traffic  or  the  poorest  natural 
surfacing  material  should  have  their  surface  improved  by  placing 
thereon  the  best  available  material  not  less  than  8 feet  in  width 
or  6 inches  in  thickness.  When  the  natural  road  is  of  loose  sand 
this  can  be  much  improved  by  spreading  over  it  a layer  of  clay  or 
loam  and  allowing  it  to  mix  with  the  sand.  Saw  dust  or  vege- 
table matter  in  this  case  may  be  used  to  good  effect  on  loose  sand. 
When  the  natural  mad  is  of  soft  clay  a layer  of  sand  or  gravel 
will  stiffen  and  bind  it  and  much  improve  it. 

Repair  and  Construction  of  Earth  Roads. 

The  drawing  on  opposite  page  shows  the  desirable  shape  for 
earth  roads  being  the  most  general  shape  to  be  used  in  all  sorts 
of  soil  excepting  heavy  clay  or  sand.  The  crown  of  a road  con- 
sisting of  clay  should  be  reduced  rather  than  increased  and  great 
care  should  be  taken  by  the  town  superintendent  to  under  no  cir- 
cumstances exceed  the  limit  one  inch  fall  to  the  foot  on  clay  roads, 
and  in  all  cases  where  conditions  of  this  kind  are  found  great 
care  should  be  taken  to  provide  safety  ditches  and  also  to  place 


24 


25 


guard  rails  at  all  dangerous  points,  it  being  understood  that  in 
the  construction  of  guard  rails  payment  for  the  same  is  to  be 
made  from  the  highway  fund. 


Where  the  soil  condition  is  loose  sand  it  is  then  the  object  to 
retain  a sufficient  amount  of  moisture  in  the  roadbed  to  assist 


//■as  e os//y  see/?  //?&/ pos/Z/o/?  /Yo/  p/yes  Z>e//er /7?ofer/o/  for  f//7/\s/?//7<? 


26 


in  binding  the  sand.  Therefore,  the  attempt  to  do  much  work  in 
the  way  of  shaping  and  crowning  on  a sand  road  is  time  and 
money  wasted  as  the  only  means  of  treating  a road  of  this  char- 
acter is  by  the  application  of  foreign  matter,  gravel,  crushed  stone, 
clay,  loam,  sawdust  or  vegeta, ble  matter. 

The  attention  of  the  town  superintendent  is  called  to  the  illus- 
tration showing  the  position  of  the  scraper  blade  of  a road  machine 
in  grading  and  scraping.  This  applies  to  ordinary  soil  conditions. 
The  blade  should  be  handled  a:s  illustrated  by  No.  1 in  the  third 
cut  which  will  give  the  greatest  material  for  the  new  surface  of 
the  road.  As  a matter  of  fact  roads  of  a clayey  soil  should  have 
deeper  ditches  than  ordinary,  but  at  the  same  time  they  should  be 
made  of  a depth  and  section  so  as  not  to  render  travel  thereon 
hazardous.  It  is  absolutely  necessary  to  preserve  a proper  crown 
to  a clay  road  and  the  only  way  it  can  be  done  is  to  be  eternally 
vigilant  in  the  use  of  road  hones  or  by  the  use  of  small  two-horse 
road  machines  after  it  has  once  been  properly  shaped  and  crowned. 

Gravel  for  Surfacing. 

Gravel  should  be  the  best  that  can  be  obtained  in  the  vicinity 
of  the  road.  The  fragments  of  stone  should  be  hard,  tough  and 
durable,  and  their  size  should  not  exceed  1%  inches  in  the  great- 
est dimension.  The  larger  stones  should  be  screened  out  or  raked 
off  after  having  been  placed  on  the  road  and  used  in  the  founda- 
tion by  raking  the  same  ahead  as  the  work  progresses.  Naturally 
in  a screening  process  several  sizes  will  be  properly  proportioned 
so  that  the  smaller  particles  of  gravel  are  sufficiently  great  to  fill 
the  interstices  among  the  larger  ones  and  the  gravel  should  con- 
tain a sufficient  amount  of  binding  material  to  fill  the  remaining 
interstices  so  as  to  form  one  solid  impervious  mass. 

The  binding  material  may  consist  of  clay  and  loam  which  is 
clay  mixed  with  sand  and  vegetable  matter  and  has  many  of  the 
characteristics  of  clay.  Sand,  stone,  dust  or  some  material  which 
is  fine  enough  to  fill  all  the  voids  and  make  the  finished  gravel 
surface  impervious  to  water  when  properly  drained,  crowned  and 
shaped,  may  be  used  and  the  crown  preserved  by  systematic  road 
honing.  The  proportion  of  binding  material  should  not  exceed 
the  amount  required  to  fill  the  interstices,  all  in  excess  of  this  is 
only  a damage. 

In  general  the  binding  material  should  not  be  more  than  15  or 
20  per  cent,  of  the  total  quantity  used. 


27 


If  the  gravel  as  obtained  from  the  pit  is  deficient  in  quality  or 
quantity  of  binding  material  a sufficient  amount  of  the  proper 
quality  should  be  added.  Should  the  gravel  contain  an  excessive 
amount  of  binding  material,  which  is  almost  universally  the  case, 
the  excess  should  then  be  screened  or  washed  out.  This  last  rule 
is  inflexible  if  good  results  are  to  be  obtained. 

After  the  gravel  has  been  spread  to  the  proper  width,  thickness 
and  shape,  and  this  can  only  be  done  at  a minimum  cost  by  the 
use  of  an  ordinary  harrow  and  by  thoroughly  dragging  the  same 
after  the  gravel  has  been  spread  upon  the  road  bed,  the  power 
roller  should  then  be  applied  and  the  same  rolled,  and  if  too  dry 
it  should  be  sprinkled  before  rolling,  or  if  the  town  is  not  in  pos- 
session of  a sprinkler,  care  should  be  taken  to  have  the  roller  at 
hand  so  that  the  same  can  be  used  immediately  following  the  first 
rain  after  the  gravel  has  been  placed. 

Where  the  only  material  is  shale  only  the  hardest,  toughest  and 
most  durable  varieties  should  be  used  and  right  here  the  fact  should 
be  emphasized  that  any  shale  that  does  not  show  a glitter  in  frac- 
ture is  unfit  for  purposes  of  this  kind  and  should  never  be  used 
excepting  the  same  is  to  be  applied  to  a sand  road.  Any  shale 
that  does  not  show  a glitter  is  argillaceous  and  will  turn  into  clay 
when  exposed  to  the  elements  under  traffic,  and  is  absolutely  worth- 
less for  road  building  purposes  except  on  sand  roads.  After 
spreading  to  the  proper  width,  thickness  and  shape,  that  is  where 
shale  has  been  used,  if  possible  the  same  should  be  covered  with 
a layer  of  sand  or  fine  gravel  and  the  power-roller  used  until  a 
smooth  surface  is  obtained. 

It  is  not  the  purpose  in  this  article  to  treat  the  question  of  the 
use  of  broken  stone  for  resurfacing  earth  roads  as  that  subject  is 
treated  under  another  head  in  this  bulletin. 


STATE  STANDARDS. 


As  will  be  noted  by  the  rules  and  regulations  of  the  Commis- 
sion it  is  aimed  to  establish  standard  widths  of  public  highways. 
Modern  conditions  are  such  that  the  safety  of  the  traveling  pub- 
lic demands  more  care  than  formerly  on  the  part  of  the  State, 
county  and  town  officials  in  the  proper  improvement  of  the  high- 
ways so  that  the  users  of  the  same  may  be  protected  so  far  as 
possible  from  unwarranted  hazard  or  injury.  It  has,  therefore, 
been  deemed  expedient  to  urge  that,  generally  speaking,  all  main 
thoroughfares  should  be  shaped  and  crowned  to  a standard  width 
of  twenty-four  feet  between  ditches  and  that  in  so  doing  safety 
ditches  be  provided,  or  that  proper  guard  rails  be  constructed, 
and  also  that  in  the  construction  of  culverts  and  bridges  they  shall 
be  lengthened  or  widened  as  the  case  may  be  to  conform  thereto. 

In  some  counties  of  the  State  the  town  authorities,  in  conjunc- 
tion with  the  county  superintendent,  have  undertaken  by  the  use 
of  maps  to  divide  the  highways  of  their  respective  towns  into 
first,  second  and  third  classes.  In  all  instances  the  first-class 
roads  are  to  be  improved  and  maintained  at  the  standard  width  of 
not  less  than  twenty-four  feet,  second-class  roads,  twenty  feet,  and 
third-class  roads  sixteen  feet  between  ditches.  For  full  informa- 
tion and  direction  as  regards  the  standardizing  of  highways  and 
bridges  subject  matter  has  been  prepared  under  special  heads 
which  may  be  found  on  other  pages  of  this  bulletin. 


28 


State  standard  earth  road,  24  feet  between  ditches. 


CULVERTS  AND  SHORT  SPAN  BRIDGES. 


The  construction  and  maintenance  of  bridges  is  a matter  which 
merits  the  most  careful  consideration  of  all  who  have  any  part  in 
highway  maintenance  by  reason  of  the  fact  that  the  average  travel 
on  the  highways  of  the  State  is  constantly  increasing,  the  average 
weight  of  loads  hauled  is  steadily  growing,  and  wood  as  a con- 
struction material  is  increasing  in  price  and  deteriorating  in 
quality. 

In  repairs  alone,  entirely  outside  of  new  construction,  about 
$365,000.00  is  annually  required,  and  when  it  is  considered 
that  the  major  portion  of  this  amount  might  have  been 
saved  had  a more  enduring  form  of  structure  been  adopted  in  the 
first  instance,  it  becomes  at  once  apparent  that  true  economy  lies 
along  the  lines  of  that  class  of  construction  which  shall  be  per- 
manent and  that  the  short-sighted  policy  which  adopts  the  cheap 
form  merely  because  it  is  cheap,  results  really  in  a waste  of  money. 

In  view  of  the  foregoing  statements  it  seems  that  it  should  be 
clear  to  every  town  official  who  has  anything  to  do  with  the  con- 
struction of  bridges,  or  providing  the  necessary  funds  therefor, 
that  he  should  bear  constantly  in  mind  the  fact  that  permanent 
structures  are  the  cheapest,  and  to  endeavor  to  cause  the  bridges 
of  his  town  to  be  erected  according  to  a plan  and  in  a manner 
to  forever  eliminate  the  repair  expense,  which  at  the  present  time 
forms  such  a formidable  item  of  cost. 

The  aim  of  the  Commission  is  for  permanent  structures.  To 
that  end  all  the  town  and  county  superintendents  and  all  direct 
employees  of  the  Commission  should  at  all  times  aid  in  every 
possible  way  in  the  construction  of  culverts  having  the  steel  sup- 
ports or  reinforcement  entirely  enclosed  in  concrete.  Concrete 
floors  on  bridges  should  be  used  in  place  of  wood  wherever  pos- 
sible, and  in  furtherance  of  this  plan  a series  of  articles  on  con- 
struction of  culverts  and  bridges  is  given  herewith.  For  culverts 
and  short  span  bridges  plans  and  instructions  with  notes  accom- 


29 


30 


panying  are  given,  covering  practically  all  conditions  and  require- 
ment winch  are  met  within  the  bounds  of  this  State  for  spans 
of  from  two  feet  to  thirty  feet.  Estimates  of  quantities  of  the 
different  materials  required  will  be  found  in  tables  appended  to 
each  of  the  different  plans,  and  the  instructions  given  therewith 
are  so  plain  and  explicit  that  the  majority  of  town  superinten- 
dents will  need  but  little  additional  aid  to  enable  them  to  erect 
structures  with  local  labor  and  out  of  local  material  which  shall 
be  a credit  to  all  concerned. 

Plate  1 shows  a wooden  form  for  box  culverts  which  may  be 
collapsed  after  the  culvert  is  completed  and  used  on  practically 
any  number  of  successive  structures. 

Plates  “ 2 ” and  “ 2-A  ” show  a culvert  constructed  with  ex- 
panded metal  reinforcement,  with  spans  of  two  feet  to  ten  feet, 
with  additional  reinforcement  of  three-fourths-inch  rods  in  nine- 
foot  to  ten-foot  spans. 

Plates  “ 3 ” and  “ 3-A  ” show  method  of  construction  with  rein- 
forcement of  rods  in  spans  of  ten  feet  to  thirty  feet. 

Plates  “ 4 ” and  “ 4-A  ” show  method  of  construction  with  rein- 
forcement of  I beams  with  span  of  ten  feet  to  thirty  feet. 

Plates  “ 5 ” and  “ 5-A  ” show  flat  slab  top  supported  on  I 
beams,  the  I beams  being  left  exposed,  in  spans  of  ten  feet  to  thirty 
feet. 

Plates  6 and  7 give  isometric  view  of  construction  according  to 
Plans  4 and  5,  showing  very  clearly  the  method  of  construction 
and  appearance  of  the  finished  work. 

Stone  or  concrete  box  culverts  are  superior  to  pipe  as  they  are 
less  liable  to  freeze  and  become  clogged,  broken  or  damaged,  and 
are  more  easily  cleaned.  Culverts  of  the  wooden  box  type  should 
not  be  constructed  nor  should  tile  be  used  for  such  purposes.  A 
culvert  which  can  be  constructed  by  the  use  of  concrete  without 
skilled  labor  is  shown  by  drawings  on  Plate  2.  Culverts  of  this 
character  cost  more  to  build  than  those  constructed  with  dry 
masonry  walls  and  a plank  top,  but  they  are  more  economical 
because  no  repairs  are  necessary  when  they  have  been  properly 
built. 

The  following  directions  and  suggestions  relative  to  the  methods 
of  mixing  the  proportions  of  ingredients  to  be  used,  which  are  as 
follows  should  be  observed. 


31 


Cf 


PLATE 


32 


PLATE  2 


33 


t 


► 


3 


PLATE  2a 


34 


PLATE  3 


35 


PLATE  3a 


36 


PLATE  4 


37 


PLATE  4a 


38 


PLATE  5 


39 


PLATE  5a 


40 


41 


PLATE  1 


42 


Provide  a mixing  board  about  eight  feet  wide  and  ten  feet  long, 
formed  of  smooth  boards  laid  close,  or  of  sheet  iron.  Never  mix 
mortar  or  concrete  on  the  ground. 

To  make  concrete,  use  one  part  loose  Portland  cement,  two  and 
one-half  parts  sand,  and  five  parts  broken  stone  or  gravel,  not 
exceeding  one  inch  in  size,  all  being  measured  in  loose  bulk.  If 
stone  from  a crusher  is  used  screen  out  the  fragments  larger  than 
one  inch  in  size,  and  use  for  the  concrete  all  the  products  less  than 
one  inch,  allowing  the  dust  to  act  instead  of  one  part  sand.  If 
gravel  is  to  be  used  and  is  not  clean,  it  should  be  washed  in  run- 
ning water  until  the  water  runs  away  clear.  Thoroughly  mix  the 
cement  and  the  proper  amount  of  sand  before  wetting;  then  add 
enough  water  to  make  a thin  mortar,  but  not  thin  enough  to  run ; 
dampen  the  broken  stone  or  gravel  and  then  spread  the  proper 
quantity  of  the  broken  stone  dampened,  or  gravel,  upon  the  mix- 
ing-board, in  a four-inch  layer,  and  cover  it  with  the  mortar;  mix 
thoroughly  by  turning  with  shovels,  until  all  fragments  are  coated 
with  the  mortar.  The  mass  thus  formed  should  flatten  and  quake 
when  put  into  a wheelbarrow  or  pail,  but  should  not  be  fluid. 

When  gravel  concrete  is  used  the  ingredients  should  be  separ- 
ated and  mixed  in  the  above  proportions  unless  written  permission 
is  obtained  from  the  county  superintendent. 

After  the  excavation  has  been  made,  the  first  thing  to  do  is  to 
lay  out  the  outside  line  of  the  culvert  and  build  a box  inclosure 
by  means  of  stakes  and  boards  shown  by  the  drawing,  Plate  1. 
The  forms  shown  in  the  sketch  are  composed  of  one-inch  boards, 
planed  on  one  side,  and  two-by-fours.  The  boards  should  be 
braced  in  the  manner  shown  to  prevent  bulging.  The  forms  for 
the  wings  may  be  the  forms  for  the  side  walls  extended.  The 
excavation  for  the  head  walls  should  extend  from  eighteen 
to  thirty  inches  below  the  bottom  of  the  culvert  to  make  a cut-off 
wall.  This  cut-off  wall  at  each  end  prevents  water  from  washing 
under  the  culvert  and  destroying  it  by  undermining.  After  the 
outside  forms  are  constructed,  grade  the  bottom  so  that  it  will 
have  a fall  of  not  less  than  three  inches  in  a culvert  which  is 
to  be  twenty  feet  long.  The  inside  of  forms  should  be  planed 
smooth  and  should  be  covered  with  crude  oil  or  with  soft  soap. 
Then  mix  the  concrete  and  put  in  the  bottom  of  the  culvert  for  the 
whole  length,  being  careful  to  keep  the  grade  uniform. 


Wooden  bridge  which  was  replaced  by  the  concrete  arch  shown  in  cut  facing  page  44. 


Of  j hf 

U»lVEf»siTv  Of  IUINOIS. 


43 


Concrete  should  not  cost  more  than  $5  or  $6  per  cubic  yard,  de- 
pending on  the  character  of  materials  and  convenience  of  the  same 
to  the  work.  The  quantities  of  concrete  for  box  culverts  are  about 
as  follows: 

2 x 2 x 20  feet  long  will  contain  8.5  cubic  yards. 

2 x 3 x 20  feet  long  will  contain  9.8  cubic  yards. , 

3 x 3 x 20  feet  long  will  contain  12.8  cubic  yards. 

For  each  additional  foot  in  length  add  to  the  above  quantities: 

For  2 x 2 = .33  cubic  yards. 

For  2 x 3 = .38  cubic  yards. 

For  3 x 3 = .45  cubic  yards. 

The  department  has  lately  gotten  out  standard  designs  of  cul- 
verts of  spans  varying  from  two  feet  to  thirty  feet.  (See  Plates 
3,  4,  5,  6 and  7.)  For  longer  spans  special  designs  will  be  fur- 
nished upon  request. 

Where  it  is  more  convenient  to  use  corrugated  iron  arches  for 
forms,  they  may  be  used  as  shown  in  the  detail  for  that  design. 
In  both  styles  of  designs  the  iron,  it  will  be  seen,  is  completely 
protected  from  the  elements.  Culverts  of  this  design  are,  as  far 
as  we  know,  absolutely  permanent  structures,  the  only  part  of 
which  that  can  possibly  become  worn  or  rusted  being  the  railing. 
As  the  structures  are  heavy  great  care  should  be  exercised  in  prop- 
erly preparing  the  foundations.  In  case  the  culvert  goes  in  a 
location  where  there  is  apt  to  be  considerable  scour,  the  waterways 
should  be  paved  with  heavy  stones  and  the  down  stream  ends 
should  be  rip-rapped. 

The  dimensions  of  culverts  of  the  type  shown  on  Plate  2 are 
as  follows: 


SPAN. 

Thickness 
of  slab. 

Thickness 
of  abut. 

Expanded 

metal. 

Size  of 
rods. 

C.  to  C 
of  rods. 

2'-0" 

6" 

12" 

3"  No.  6 Heavy 

3'-0" 

6" 

12" 

3"  No.  6 Heavy 

4'-0" 

6" 

12" 

3"  No.  6 Heavy 

5'-0" 

8" 

12" 

3"  No.  6 Heavy 

6'-0" 

9" 

15" 

3"  No.  6 Heavy 

7'-0" 

10" 

15" 

3"  No.  6 Heavy 

8'-o" 

12" 

15" 

3"  No.  6 Heavy 

9'-0" 

12" 

15" 

.39  sq.  in. 

5 " 

10'-0" 

12" 

15" 

.39  sq.  in. 

4*" 

44 


The  dimensions  of  culverts  of  the  type  shown  on  Plate  3 are 
as  follows: 


CLEAR  SPAN. 

Thickness 
of  slab. 

Cross  sec- 
tion of 
bars. 

Weight 
per  ft. 
of  bars. 

Length  of 
each  bar. 

Distance 

C.  to  C. 
of  bars. 

10  feet 

12" 

.56" 

1.91  lbs. 

13'-0" 

6*" 

11  feet 

12" 

.56" 

1.91  lbs. 

14'-0" 

6 " 

12  feet 

13" 

.56" 

1.91  lbs. 

15'-0" 

6 " 

13  feet 

13" 

.56" 

1.91  lbs. 

16'-0" 

5£" 

14  feet 

14" 

.56" 

1.91  lbs. 

17'-0" 

5£" 

15  feet 

14" 

.56" 

1.91  lbs. 

19'-0" 

5 " 

16  feet 

15" 

.56" 

1.91  lbs. 

20'-0" 

4*" 

17  feet 

15" 

.56" 

1.91  lbs. 

21'-0" 

4£" 

18  feet 

16" 

.56" 

1.91  lbs. 

22'-0" 

4V 

19  feet 

17" 

.56" 

1.91  lbs. 

23'-0" 

4 " 

20  feet 

18" 

.77" 

2 . 6 lbs. 

24'-0" 

5 " 

21  feet 

18" 

.77" 

2 . 6 lbs. 

25'-0" 

5 " 

22  feet 

19" 

.77" 

2.6  lbs. 

26'— 0" 

5 " 

23  feet 

19" 

.77" 

2.6  lbs. 

27'-0" 

5 " 

24  feet 

20" 

.77" 

2.6  lbs. 

28'-0" 

25  feet 

21" 

1.00" 

3.4  lbs. 

29'-0" 

6 " 

26  feet 

21" 

1.00" 

3.4  lbs. 

30'-0" 

5*" 

27  feet 

22" 

1.00" 

3.4  lbs. 

31'-0" 

5*" 

28  feet 

23" 

1.00" 

3.4  lbs. 

32'-0" 

5 " 

29  feet 

23" 

1.00" 

3.4  lbs. 

33'-0" 

5 " 

30  feet 

24" 

1.00" 

3 . 4 lbs. 

34'-0" 

5 " 

The  dimensions  of  the  culverts  of  the  type  shown  on  Plate  4 are 
as  follows: 


CLEAR  HEIGHT  NOT  OVER  12'-0". 


Clear  Span  “ L.” 

Size  of 
I-beams. 

Length 
of  each 
beam. 

Rise  of 
arches. 

Expanded 

metal 

required. 

Depth 
“ D.” 

Width 
“ W.” 

10  feet 

12"-3H  lbs. 
12"— 31^  lbs. 
12"— 3 H lbs. 
12"— 3 U lbs. 

12'-0" 

8" 

56  sq.ft. 
62  sq.  ft. 
67  sq.ft. 
91  sq.ft. 
98  sq.ft. 
105  sq.  ft. 
112  sq.ft. 
119  sq.ft. 
126  sq.ft. 
133  sq.  ft. 
140  sq.ft. 
147  sq.ft. 
154  sq.ft. 
161  sq.ft. 
168  sq.  ft. 
175sq.  ft. 
182  sq.  ft. 
195sq.  ft. 
203  sq.  ft. 
210  sq.  ft. 
218sq.  ft. 

2'-0" 

18" 

11  feet 

13'-0" 

8" 

2'-0" 

18" 

12  feet 

14'-0" 

8" 

2'-0" 

18" 

13  feet 

15'-0" 

8" 

2'-0" 

18" 

14  feet 

12"-35 

lbs. 

17'-0" 

8" 

2'-0" 

24" 

15  feet 

15"-42 

lbs. 

18'-0" 

10" 

2'-3" 

24" 

16  feet 

15"-42 

lbs. 

19'-0" 

10" 

2'-3" 

24" 

17  feet 

15"-42 

lbs. 

20'-0" 

10" 

2'-3" 

24" 

18  feet 

15"-42 

lbs. 

21'-0" 

10" 

2'-3" 

24" 

19  feet 

15"-42 

lbs. 

22'-0" 

10" 

2'-3" 

24" 

20  feet 

18"-55 

lbs. 

23,-0" 

12" 

2'-6" 

24" 

21  feet 

18"-55 

lbs. 

24'-0" 

12" 

2'-6" 

24* 

22  feet 

18"-55 

lbs. 

25'-0" 

12" 

2' -6" 

24* 

23  feet  

18"-55 

lbs. 

26'-0" 

12" 

2'-6" 

24" 

24  feet 

18"-55 

lbs. 

27'-0" 

12" 

2'-6" 

24" 

25  feet 

18"— 55 

lbs. 

28'-0" 

12" 

2'-6" 

24" 

26  feet 

18"-60 

lbs. 

29'— 0" 

12" 

2'-6" 

24" 

27  feet 

20"-65 

lbs. 

30'-0" 

13" 

2'-8" 

24" 

28  feet 

20"-65 

lbs. 

31'-0" 

13" 

2'-8" 

24" 

29  feet 

20"-75 

lbs. 

32'-0" 

13" 

2'-8" 

24" 

30  feet 

20'-75 

lbs. 

33'-0" 

13" 

2'-8" 

24" 

The  town  superintendent  may  obtain  from  the  county  super- 
intendent, or  the  Commission,  free  of  charge,  standard  plans  for 
culverts  and  small  bridges. 


Concrete  arch  replacing  wooden  structure  shown  in  cut  facing  pa] 


45 


Concrete  Slab. 

Stone  flagging  or  concrete  slabs,  supported  by  steel  I 'beams, 
rails  or  re-inforced  concrete  girders  must  be  used  in  preference  to 
plank  for  culverts  Laving  less  than  eight  to  ten  feet  span,  and  in 
the  construction  of  culverts  and  bridges  great  care  must  be  taken 
to  provide  a culvert  of  sufficient  strength  to  support  safely  a ten- 
ton  steam  roller. 

Concrete  slabs  can  be  made  in  the  following  manner,  viz. : Pro- 
vide a mixing-board  about  eight  feet  wide  and  ten  feet  long, 
formed  of  smooth  boards  laid  close,  or  of  sheet  iron.  Never  mix 
mortar  or  concrete  on  the  ground.  Make  an  open  box,  six  inches 
deep,  two  or  three  feet  wide  and  from  three  and  one-half  to  four 
and  one-half  feet  in  length  as  the  span  may  require.  Whenever 
the  necessary  width  of  opening  exceeds  ten  feet,  I beams  of  steel 
must  be  used  to  span  it,  and  these  must  be  placed  two  or  three 
feet  between  centers,  this  distance  varying  inversely  with  the 
width,  and  the  slabs  made  to  span  this  distance  between  the  center 
of  the  beams.  Provide  expanded  metal  of  gauge  No.  4,  formed  of 
steel  3/16  inch  thick,  5/16  inch  wide  in  meshes  six  inches  wide, 
and  twelve  inches  long,  and  weighing  1 1/10  pounds  per  square 
foot,  and  cut  into  sheets  of  sufficient  size  to  nearly  cover  the  pro- 
posed slab,  being  careful  that  the  12-inch  mesh  crosses  the  span. 

Mix  the  concrete  in  the  manner  prescribed  in  an  earlier  por-. 
tion  of  this  article,  using  a sufficient  amount  of  water  to  cause  the 
mass  to  flatten  and  quake  when  put  into  a wheelbarrow  or  pail, 
but  not  so  much  as  to  make  it  fluid. 

Spread  over  the  bottom  of  the  box  a coat  of  mortar  followed  by  a 
coat  of  fine  concrete,  making  a layer  one  and  one-quarter  inches 
thick,  after  ramming,  and  upon  this  lay  the  sheet  of  expanded 
metal  and  embed  it  in  the  soft  concrete  by  ramming,  using  care 
that  the  12-inch  length  of  mesh  lies  with  length  of  the  span  of 
the  slab  when  it  shall  be  put  on  the  culvert.  Fill  the  box  with 
concrete  working  the  stones  from  the  side  with  a trowel,  so  that 
the  edge  will  have  a smooth  surface,  ram  thoroughly  until  no 
stones  nor  gravel  can  be  seen,  and  until  the  wet  mortar  comes  to 
the  top,  and  also  smooth  the  top  with  a trowel.  Keep  this  covered 
from  the  sun  and  wet  it  night  and  morning  for  a week,  until 
hardened,  when  it  can  easily  be  taken  from  the  box.  After  it  has 
set  for  an  hour,  scratch  the  word  “ Top  ” in  large  letters  in  the 
soft  mortar,  so  that  it  may  surely  be  thus  laid  on  the  work,  as 
the  slab  will  have  little  strength  if  laid  with  the  embedded  metal 


46 


at  the  top  of  the  slab.  Do  not  make  concrete  in  freezing  weather, 
or  else  make  it  where  it  can  be  protected  from  the  frost.  Such 
slabs  can  be  made  in  winter,  by  making  them  in  a warm  place 
free  from  frost,  and  storing  them  for  use  until  they  are  set  and 
hard.  The  culvert  when  completed,  and  after  the  slab  or  flagstone 
is  placed  thereon,  should  be  low  enough  so  that  it  can  be  covered 
by  the  road  material  which  should  not  be  less  than  six  inches  in 
depth,  and  if  the  culvert  is  properly  built  there  will  be  no  expense 
for  maintenance,  as  in  the  case  with  a plank  top.  Ro  culvert 
should  be  built  less  than  two  feet  in  width  so  that  it  may  be 
easily  kept  free  from  obstructions  at  all  times.  The  bottom  of 
all  culverts  should  be  given  sufficient  fall  to  send  the  water  out 
of  them  immediately.  The  bottoms  and  spaces  three  or  four  feet 
wide,  at  the  inlets  and  the  outlets,  should  be  paved  to  prevent 
undermining,  using  cobble  or  flat  stones  set  on  edge  and  close 
together  with  the  joints  filled  with  crushed  stone  or  fine  gravel. 
The  side  ditches  should  also  be  similarly  paved  where  there  are 
long  grades  of  5 per  cent,  and  over. 

1 Beams  on  Culverts  and  Short  Span  Bridges, 

For  culverts  and  short  span  bridges  having  a span  of  not  more 
than  thirty  feet,  it  is  usually  most  economical  to  use  the  steel  I 
beams,  covered  with  flagstone  or  concrete  slabs,  as  shown  on 
Plate  5. 

The  following  table  shows  the  sizes  and  weights  of  I beams 
which  should  be  used  to  insure  safety  in  culverts,  when  crossed 
by  a ten-ton  road  roller.  The  lengths  given  are  the  over-all 
lengths,  allowing  eighteen  inches  at  each  end  for  support.  The 
space  between  and  outside  the  I beams  on  top  of  the  side  walls 
should  be  filled  with  concrete  or  masonry  laid  in  cement  mortar. 
If  care  is  taken  to  fill  with  mortar  the  joints  between  the  flag- 
stones or  concrete  slabs,  the  I beams  will  last  many  years  longer 
than  they  will  if  the  drainage  from  the  road  is  allowed  to  wet  and 
rust  them. 


Highway  Bridges. 

Bridge  construction  has  passed  through  numerous  stages.  One 
of  the  oldest  types  of  a permanent  bridge  is  the  stone  arch, 
brought  to  perfection  by  the  Romans.  Bridges  of  this  character 
were  built  in  Europe  many  years  ago,  and  are  still  in  use.  Stone 


SLAB  CULVERT  TOPS  SUPPORTED  ON  STEEL  BEAMS.  SEE  PLATE 


47 


r 


iO 


H 

s 

o 


£ 

< 

p 

a 


Q 

£ 

<3 


O 

S 

O 

w 

co 


W 

pq 

H 


333333333333333333333 

(NCO^iniCOfOCO^THiOl^iOOiOOiOOfNaiiO 

0*-iO>-HOOiOOO'-iOO<Nt>C'OCOTt<cOOOTt<0 

o’  t>  i>  oo  oo  o’  o’  m’n'co'^’^ioioonn’ooo 


sseceseeeaeessisecttisiss; 

88§S§8g8SS8g22S2§2gSS 

(NlMcOC'OCOCOTjH^-'tf-tf-'tf'^iOlOOiOiOOOOO 


ioffiM»ooHni 
HHHHMCO«COM«M>O‘OiOiO<O®t'00( 


WOlHHNMOaMTfiOfflN^OHTtlH^OJn 

SS2S8g5S$;33£3!§S§Sg8Sas 


CO  CO  CO  CO  CO  c 


MOfflccoffloifflfflaoicjiHHHH 


"o^o^o%o%oso%o"o^o"o^r^ 
N^bbt^OOO^CNlCOTiHbbt^aobb^bbTP 

^-lrHi-l^-lr-lr-lr-<(N(N<N<N(N(M(N(N(NCOCOCOCOeO 

XXXXXXXXXXXXXXXXXXXXX 

.S.S.S.S.2.S.S.E.S.2.S.E.S.S.S.S.2.S.S.S.S 

istsiisisiiiiiiiiiiii 

O O O t>  t~- t—  t—  oooooooo 

CQiOiONNNNOOOOOOiOiOiOiOiOiOiOiO 

©OOOOOOr-4»H.-l,-l,-l,-l,-lrH»-li-l»-lT-l,-lrH 


??????????:????????:??? 

b?o^‘bboobb^ibcoT)<icbf:~oobb>-ibfo 

^HrHrH^HrHrH^H(NlM(N<N<N(N(N(N(N(NCOIOCOfO 

xxxxxxxxxxxxxxxxxxxxx 

lOOOOOOOOOOOQOOOOO 


liiiilliiiiiiiiiiilll 

sSSSSSSSSiiSSSSSSSSiS 


Estimate  should  include  railing  in  each  case. 


48 


arches  are  still  being  built  in  some  localities  in  this  State  where 
stone  entirely  suitable  for  the  purpose  may  be  easily  obtained,  and 
several  arches  have  been  erected  during  the  past  season  at  an 
expense  which  was  less  than  that  for  which  any  other  form  of 
permanent  structure  could  have  been  built.  England  was  the  first 
to  use  metal  for  bridge  purposes  and  metal  has  been  used  to  a 
great  extent  in  this  country.  Cast  iron  and  wrought  iron  have  held 
a prominent  place  in  such  work  but  have  been  displaced  by  the 
use  of  structural  steel. 

The  principles  involved  in  the  construction  of  bridges,  whether 
in  the  case  of  wooden  trusses,  steel  viaducts,  stone  or  concrete 
bridges,  are  being  more  and  more  carefully  understood.  Culverts 
and  short-span  bridges,  having  a span  of  less  than  thirty  feet,  gen- 
erally, can  be  constructed  most  economically  by  the  use  of  con- 
crete and  reinforced  concrete  in  conjunction  with  the  use  of  I 
beams  to  hold  the  concrete  slabs.  Longer  spans  should,  perhaps, 
be  constructed  with  steel  superstructure  and  concrete  bottoms  or 
concrete  flooring. 

Bridges  constructed  of  timber,  or  timber  in  the  use  of  bridges, 
is  temporary,  the  life  of  an  ordinary  wooden  bridge  rarely  exceed- 
ing ten  years  and  repairs  are  needed  every  year.  Steel  bridges, 
it  is  true,  require  attention;  and  to  maintain  the  same,  painting, 
tightening  and  putting  in  new  rivets  must  be  done  frequently,  and 
in  a comprehensive  manner.  The  life  of  a steel  bridge  has  not 
yet  been  fully  determined  as  they  really  have  not  been  erected 
long  enough  to  determine  their  life.  At  any  rate  it  depends  upon 
the  quality  and  care  of  the  bridge. 

In  the  preparation  of  the  plans,  specifications  and  estimates  by 
the  county  superintendent,  or  in  the  approval  of  the  same,  too 
much  care  and  good  judgment  cannot  be  exercised  in  seeing  that 
bridges  of  this  character  are  of  sufficient  strength,  and  also  of 
good  design  and  are  properly  finished  and  erected  in  matters  of 
detail.  A poor  steel  bridge  is  dear  at  any  price.  Ordinarily  mem- 
bers of  the  town  board,  town  superintendents,  and  even  county 
superintendents  cannot  be  expected  to  judge  as  to  the  quality  of 
the  material  of  which  such  bridges  are  constructed,  but  free  of 
cost  to  each  town  the  Highway  Law  provides  that  proper  engineer- 
ing advice  may  be  had  from  the  Commission  provided  the  county 
superintendent  is  not  a practical  civil  engineer.  A practical  civil 
engineer  should  be  able  to  advise  as  to  the  proper  form  and  ma- 
terial for  abutments  and  to  provide  working  plans,  therefor  and 
to  also  furnish  plans  and  specifications  for  the  superstructure, 


Monboe  County.—  Town  of  Rush.  Concrete  bridge  built  by  town  superintendent,  2 spans,  9 feet  each ; thickness  of  middle  pier 
12  inches;  width  of  roadway  18  feet,  parapet  35  feet,  cost  complete  $426.25. 


49 


which  necessarily  will  create  a great  saving  to  the  towns  of  the 
State  in  this  respect  alone.  If  plans  and  specifications  are  pre- 
pared by  the  manufacturers,  as  is  sometimes  the  case,  and  sub- 
mitted to  the  district  or  county  superintendent  for  approval,  the 
district  or  county  superintendent,  without  cost,  can  secure  the 
advice  of  the  Commission  as  to  the  dimensions  and  special  require- 
ments of  the  bridge  to  he  constructed.  The  weak  spots  of  many 
bridges  are  in  the  connections.  When  a bridge  is  being  erected 
the  county  superintendent  can  see  that  the  specifications  are  being 
carried  out,  and  should  he  need  assistance  in  this  respect,  he  can 
readily  secure  the  same  without  cost  to  his  locality. 

It  will  he  noticed  that  because  of  the  fact  that  plans  for  bridges 
must  be  approved  by  proper  authorities  that  not  only  good  con- 
struction, but  good  design  and  beauty  must  be  elements.  Much 
attention  should  he  paid  to  the  appearance  of  structures  of  this 
character,  but  it  is  very  easy  to  run  to  the  opposite  extreme  with 
tawdry  results.  It  is  a very  short  step  from  ornamental  construc- 
tion to  constructed  ornamentations  giving  little  and  very  unsatis- 
factory substitutes  for  severe  simplicity.  It  should  be  remembered 
that  they  will  last  for  many  years  and  their  appearance  is  there- 
fore a matter  deserving  due  attention  in  construction. 

Concrete  is  a material  which  lends  itself  to  easy  manipulation 
and  which  can  he  used  by  moulding  it  into  graceful  outline.  It 
is  essential  to  the  preservation  of  steel  bridges  that  they  may  he 
kept  properly  painted.  Rust  is  their  chief  destructive  agency. 
District  and  county  superintendents  and  town  superintendents 
must  bear  in  mind  that  if  fully  protected  from  rust,  steel  bridges 
would  practically  last  forever.  Bridges  should  be  painted  at  least 
every  five  years  and  oftener  in  some  instances.  Before  painting 
steel,  the  surface  should  be  absolutely  free  from  rust,  scale, 
moisture  and  grease.  Rust  must  be  removed  by  scraping  with 
steel  scrapers,  and  scale  by  the  use  of  stiff  wire  brushes.  Rust 
left  beneath  the  paint  will  cause  it  to  flake  off  and  then  the  metal 
is  slowly  exposed  to  the  destroying  action  of  air  and  moisture. 

In  painting  bridges  the  face  of  the  steel  trusses  facing  the 
approaches  to  the  bridge  should  be  painted  white  to  a height  of 
five  to  seven  feet,  so  as  to  aid  the  traveling  public  in  crossing  the 
bridge  without  accident  after  night  fall.  The  material  commonly 
used  for  painting  bridges  is  red  lead  mixed  with  linseed  oil. 
Bridge  floors  of  plank  usually  wear  out  in  from  two  to  four  years 
and  are  a constant  matter  of  expense  for  renewal  and  repair. 

4 


50 


With  the  increasing  price  of  lumber  it  is  only  a matter  of  time 
when  concrete  or  some  other  material  must  be  used  for  such  pur- 
poses. All  steel  bridges  now  being  built  should  be  strong  enough 
to  support  concrete  floors  as  it  is  cheaper  and  more  satisfactory  to 
provide  for  this  additional  weight  than  to  reinforce  the  bridge 
after  construction.  Concrete  adds  to  the  dead  weight  but  this  is 
partly  compensated  for  by  the  extent  to  which  it  distributes  the 
live  load. 

With  plank  flooring,  the  weight  of  every  vehicle  passing  over  it 
is  transmitted  to  its  individual  members  causing  a constant  jar 
which  is  destructive.  With  concrete  the  weight  is  spread  over  a 
greater  area  of  the  structure,  therefore  the  injury  is  less.  It  will 
be  seen  that  if  the  floors  of  bridges  were  constructed  of  concrete 
it  would  not  be  so  necessary  to  restrict  the  speed  of  vehicles. 

Strength  and  durability  depend  upon  the  proper  proportions  of 
all  the  parts.  If  doubt  exists  as  to  the  efficiency  of  any  plan,  it 
may  be  submitted  to  the  county  superintendent,  or  the  commission 
who  will  carefully  examine  and  report  upon  it  without  charge 
therefor. 

A clear  width  of  sixteen  feet  between  steel  work  is  generally 
recommended  except  for  spans  above  150  feet,  for  which  the  clear 
width  should  preferably  be  eighteen  feet,  except  for  villages  and 
towns  where  the  width  must  be  determined  by  the  local  conditions. 

While  the  stone  or  concrete  arch  is  the  most  durable  of  all 
crossings,  there  are  many  localities  where  it  cannot  be  used.  In 
soft  or  yielding  soils  the  bridges  of  truss  or  girder  type  are  better 
as  one  or  both  abutments  can  move  considerably  without  destroy- 
ing the  action  of  the  bridge  while  the  same  movement  in  the 
foundations  of  an  arch  would  cause  the  latter  to  collapse. 

Town  authorities  should  bear  in  mind  that  a bridge  which  will 
safely  carry  the  loads  going  over  an  ordinary  dirt  road  may  not 
carry  the  loads  going  over  the  same  road  after  improvement.  The 
carrying  capacity  of  the  road  having  been  greatly  increased,  the 
bridge  should  be  renewed  or  strengthened  in  like  manner. 

Town  superintendents  must  at  all  times  avoid  adding  concrete 
or  heavy  paved  floors  to  bridges  that  were  designed  and  erected 
with  plank  flooring.  The  weight  of  a plank  floor  is  seldom  over 
seventeen  pounds  per  square  foot  while  the  bridge  generally  is 
designed  for  a live  load  of  from  60  to  100  pounds  per  square  foot 
in  addition  to  the  dead  load.  It  can  readily  be  seen  that  if  a floor 
of  concrete,  weighing,  with  a light  wearing  surface,  about  100 
pounds  per  square  foot,  be  added  to  light  trusses,  the  entire 


Delaware  County. — Town  of  Hancock.  Stone  arch  on  Sands  creek,  built  by  town  superintendent.  Span  26  feet,  roadway  18 

feet.  Cost  complete  with  iron  railing,  $462. 


PLATE  10 


PLATE  11 


55 


strength  of  the  trusses  will  be  used  in  sustaining  the  floor,  and  the 
carrying  capacity  of  the  bridge  will  be  reduced  to  practically  noth- 
ing. If  it  is  desired  to  put  on  a concrete  floor,  it  would  be  better 
for  the  town  superintendent  to  get  advice  on  the  subject  from  the 
county  superintendent. 

When  it  becomes  necessary  to  temporarily  strengthen  an  iron 
bridge  for  the  passage  of  some  heavy  load,  it  is  best  to  put  bents 
under  the  center  of  each  panel  half  way  between  the  floor  beams. 
This  will  have  the  effect  of  doubling  the  number  of  floor  beams. 

Plates  8 and  9 show  truss  and  floor  plans  of  Standard  truss 
bridge  of  150  feet  span,  16  feet  roadway,  capacity,  10-ton  roller. 

Plates  10  and  11  show  truss  and  floor  plan  of  Standard  truss 
bridge  of  150  feet  span,  16  feet  roadway,  capacity,  15-ton  roller. 

Bridges  of  standard  design  prepared  under  the  direction  of  the 
Highway  Commission  cost  about  as  follows: 

For  bridges  of  sixteen  feet  clear  roadway  with  a capacity  of 
eighty-five  pounds  per  square  foot  uniform  load  and  a loaded 
ten-ton  road  roller  for  concentrated  load,  cost  about  as  follows,  de- 
livered, erected,  and  painted,  with  wood  floors  in  place  ready  for 
traffic : 


501  feet  span 

75  feet  to  125  feet  span 
150  feet  span 


Weight 

of  steel 

Per  foot. 

per  foot. 

$24 

00 

500  lbs. 

30 

00 

618  lbs. 

37 

00 

833  lbs. 

For  bridges  of  16  feet  clear  roadway,  with  a capacity  of  eighty- 
five  pounds  per  square  foot  uniform  load  and  a fifteen-ton  road 
roller  for  concentrated  load,  cost  about  as  follows,  delivered, 
erected,  and  painted,  with  concrete  floors  in  place  ready  for  traffic : 


45  feet  span 
125  feet  span 
150  feet  span 


Weight 
of  steel 

Per  foot.  per  foot. 
$28  00  688  lbs. 

37  00  818  lbs. 

42  00  1017  lbs. 


Foundation  work  is  not  included  in  the  above  prices.  These 
prices  are  for  bridges  near  railroad  stations  on  through  lines.  If 


56 


the  bridges  are  at  some  distance  from  railroad  stations  a charge 
for  hauling  should  be  added.  If  the  bridges  are  near  the  line  of 
some  branch  railroad,  the  freight  rate  of  that  road  should  be 
considered. 

Stock  Plans. 

Plans  have  been  prepared  by  the  Commission  covering  all 
lengths  of  span  between  thirty  feet  and  fifty  feet,  of  three  capaci- 
ties, viz. : ten-ton,  thirteen-ton  and  fifteen-ton  rollers  respectively, 
with  roadways  of  sixteen  feet  and  eighteen  feet  width.  Copies  of 
any  of  these  plans  will  be  forwarded  to  any  county  superintendent 
or  town  superintendent  upon  application.  Bridges  in  accordance 
with  these  plans  may  be  erected  by  any  bridge  or  machinery  com- 
pany as  they  embody  only  such  features  as  may  be  readily  dealt 
with  by  any  concern  now  engaged  in  the  manufacture  of  this  class 
of  work.  The  purpose  of  the  department  in  preparing  these  plans 
is  that  there  may  be  constantly  on  hand  and  at  the  disposal  of  all 
officials  in  any  way  connected  with  the  erection  of  town  bridges, 
a series  of  plans,  some  one  of  which  will  fit  any  condition  of  traffic 
within  the  lengths  mentioned  and  which  may  be  supplied  without 
delay  to  any  one  applying  therefor.  This  relieves  the  town  and 
county  officials  of  any  necessity  of  going  to  any  private  concern 
for  plans  of  any  kind,  and  supplies  those  upon  which  they  may 
go  to  anyone  engaged  in  the  business  and  ask  for  construction  bids. 

Inspection. 

The  matter  of  inspection  of  steel  trusses  and  the  foundations 
therefor  during  construction  is  one  which  has  been  almost  entirely 
neglected,  and  the  results  of  such  neglect  are,  in  very  many  in- 
stances, only  too  apparent.  It  is  believed  that  a mill  and  shop 
inspection  of  all  materials  entering  into  the  make-up  of  steel 
trusses  should  be  made  in  all  cases. 

There  are  in  localities  where  structural  steel  is  made  several 
firms  whose  business  it  is  to  inspect  steel  as  it  comes  from  the  rolls. 
The  material  that  is  inspected  and  passed  as  satisfactory  is  used 
for  the  bridges  and  buildings  of  discriminating  purchasers.  The 
material  which  is  not  inspected,  or  is  inspected  and  rejected,  finds 
its  way  to  careless  or  indifferent  purchasers. 

This  inspection  of  material  at  the  mills  or  furnaces,  and  the 
inspection  of  workmanship  at  the  shops,  adds  but  very  little  to  the 
cost  of  a bridge,  and  being  done  by  companies  who  make  this  work 
a specialty,  it  is  no  trouble  whatever  to  the  purchaser. 


— 


Of  ihe 
UNlVt^V  Of 


57 


A bridge  that  is  inspected  both  as  to  material  and  workmanship 
is  more  satisfactory  in  every  way  than  one  which  is  not  inspected. 
Purchasers  should  insist  at  all  times  upon  bridge  material  being 
such  as  has  passed  the  inspection  requirement  of  New  York  State, 
and  should  be  furnished  with  certified  copies  of  the  results  of  the 
inspections. 

All  bridge  material  should  be  measured  immediately  upon  de^ 
livery,  and  such  measurement  should  be  compared  with  the  sizes 
called  for  on  the  general  drawing  upon  which  the  contract  was 
based.  If  there  is  any  difference  between  the  sections  called  for 
and  the  sections  delivered,  no  payment  should  be  made  until  the 
proper  sized  members  are  delivered. 

If,  for  instance,  a certain  member  is  to  be  made  up  of  angles 
% inch  thick,  it  would  be  a very  simple  matter  to  substitute  angles 
5/16  inch  thick.  This  cutting  of  section,  if  done  consistently, 
would  have  the  effect  of  reducing  the  strength  and  weight  of  the 
trusses  about  17  per  cent.,  which  would  represent  material  paid 
for  but  not  delivered. 

Inspection  of  foundation  work  should  be  continuous  through  all 
stages  of  its  construction,  as  a failure  or  partial  failure  here 
means  failure  for  the  entire  work.  It  is  earnestly  recommended 
that  all  town  and  county  officers  connected  with  the  erection  of 
bridges  give  this  matter  their  particular  attention  to  the  end  that 
such  a system  of  inspection  may  be  instituted  as  to  insure  the  cer- 
tainty that  all  parts  of  the  work  shall  be  properly  performed  and 
all  materials  be  such  as  were  called  for  in  the  design. 

Inspection  of  Wooden  Bridges. 

The  timber  of  wooden  truss  bridges  should  be  inspected  by  bor- 
ing with  a %-inch  auger  into  the  main  members.  This  boring 
should  be  done  in  such  a way  that  rain  water  cannot  enter  the  hole, 
i.  e.,  the  hole  should  enter  the  timber  from  the  under  side.  The 
holes  should  afterward  be  plugged  with  wood.  The  iron  hangers 
should  be  equally  strained.  This  condition  can  be  determined  by 
striking  adjacent  rods  with  a piece  of  hard  wood  or  iron  and  not- 
ing the  tone  or  pitch.  The  rod  having  the  lower  tone  can  be 
tightened  until  the  pitch  is  the  same  as  that  of  the  rod  having  the 
higher  tone.  In  case  a nut  is  rusted  fast,  and  cannot  be  moved 
by  a wrench,  it  can  be  very  readily  loosened  by  heating  it  quickly 
with  a gasolene  torch.  Care  should  be  exercised  to  avoid  heating 
the  rod  as  the  idea  is  to  expand  the  nut  and  thus  loosen  it. 


58 


If  a wooden  bridge  is  in  such  good  condition  that  it  will  prob- 
ably not  be  renewed  for  some  years,  the  covering  (roof  or  weather 
boarding),  should  be  very  carefully  watched  as  a heavy  wooden 
bridge  might  last  for  years  if  properly  covered,  while  a small  leak 
in  the  roof,  if  neglected,  might  be  the  cause  of  the  bridge  decaying 
in  a few  seasons.  Splices  and  keys  in  the  bottom  chord  should  be 
watched  to  see  that  there  is  no  crushing  of  the  wood  back  of  the 
splice  bolts.  The  floor  beams  should  be  large  enough  to  get  a bear- 
ing over  the  entire  width  of  the  bottom  chord  and  the  planking 
should  be  laid  with  openings  to  clear  the  deck  of  water  and  dirt. 
The  planking  in  all  cases  should  be  spiked  to  the  floor  joist  to  pre- 
vent undue  vibration  and  noise.  The  mud  sills  and  corbels  should 
be  renewed  as  fast  as  decay  becomes  apparent.  There  should  be 
an  apron  of  wood  or  stone  between  the  bridge  deck  and  the  road- 
way dirt.  This  apron  should  be  renewed  from  time  to  time  as  the 
necessity  becomes  apparent.  If  the  trusses  become  weak  they 
should  be  made  safe  in  the  following  manner:  There  should  be 
placed  on  the  ground  under  the  bridge,  or  in  the  bed  of  the  stream, 
a mud  sill  of  wood  about  ten  inches  square  and  about  three  feet 
longer  than  the  width  of  the  bridge.  A corresponding  cap  of  like 
dimensions  should  be  attached  under  the  bridge  and  in  contact 
with  the  trusses  at  a panel  point.  Two  vertical  pieces  about  8 by 
8 or  10  by  10  and  a little  longer  than  the  distance  between  the 
mud  sill  and  cap  should  be  provided  and  should  be  placed  by 
blocking  the  upper  ends  under  the  cap  piece  and  then  driving  the 
lower  ends  until  they  are  perfectly  rigid.  The  lower  ends  should 
be  retained  by  blocks,  spiked  to  the  mud  sills.  These  trestle  bents 
should  always  be  put  up  in  pairs  at  an  equal  number  of  panel 
points  from  each  end. 

A Few  Suggestions . 

Do  not  approve  plans  for  arches  unless  you  know  by  personal 
inspection  that  the  foundations  are  of  unyielding  material. 

Do  not  fail  to  provide  in  your  annual  estimate  for  the  painting 
of  all  steel  and  iron  bridges  in  your  town. 

Do  not  put  new  wooden  floors  on  top  of  old  floors.  Paint  the 
joist  and  then  put  on  the  new  floor. 

Use  red  lead  and  oil  below  the  floor  line  and  white  lead  and  oil 
above  the  floor  line. 

Do  not  allow  the  use  of  bolts  for  connections  of  bridges.  Rivets 
only  should  be  used. 


59 


Do  not  allow  the  use  of  timber  in  foundations  unless  the  water 
surface  in  dry  seasons  is  high  enough  to  keep  the  wood  constantly 
covered. 

Remember,  that  if  a bridge  appears  to  need  paint  above  the 
floor,  the  conditions  below  the  floor  are  much  worse. 

When  in  doubt  upon  any  point  get  advice  from  the  Highway 
Commission. 


ORGANIZATION  OF  FORCES. 


Town  superintendents  are  required  by  law  to  organize  their 
forces  prior  to  the  beginning  of  highway  work.  This  organization 
should  be  perfected  late  in  the  winter  or  early  in  the  spring.  At 
the  time  of  the  organization  of  forces  for  highway  work  the  town 
superintendent  should  examine  all  the  machinery,  tools  and 
implements  for  road  work  and  if  they  are  not  in  proper  repair 
and  ready  for  use  he  should  cause  repairs  to  be  made  to  the  same 
at  once.  It  is  presumed  that  in  the  estimate  of  the  town  super- 
intendent the  attention  of  the  town  board  has  been  called  to  the 
rquirements  of  the  town  as  regards  the  purchase  of  new 
machinery,  tools  and  implements  in  order  that  the  highway  work 
may  be  properly  carried  on.  If  for  any  reason,  it  is  discovered 
that  proper  provision  has  not  been  made,  the  town  superintendent 
should  at  once  confer  with  the  supervisor  in  order  that  steps  may 
be  taken  to  provide  proper  implements  to  the  end  that  the  highway 
work  may  be  promptly  commenced  as  soon  as  weather  conditions 
will  permit  in  the  spring. 

Parts  for  road  machines,  plows  and  other  implements,  such  as 
scraper  blades,  plow  points,  whiffletrees  and  other  parts  which 
are  liable  to  break  or  wear,  should  be  purchased  and  kept  on  hand 
at  all  times.  Town  superintendents  should  make  arrangements 
for  steam  power,  contract  for  teams,  traction  engines  and  steam 
rollers,  and  also  provide  for  the  necessary  labor  to  carry  on  the 
road  work  of  the  town. 

Section  47,  subdivision  3,  provides  that  the  town  superintendent 
shall  divide  the  town  into  as  many  sections  as  may  be  necessary 
for  the  proper  maintenance  and  repair  of  the  highways  thereof 
and  the  opening  of  highways  obstructed  by  snow.  In  some  towns 
of  the  State  it  is  not  necessary  to  divide  the  town  into  sections  or 
parts  as  the  mileage  is  so  small  all  of  the  highway  work  can  be 
performed  under  the  personal  supervision  and  direction  of  the 
town  superintendent,  but  in  the  larger  towns  with  a greater  mile- 
age, or  where  the  mileage  is  so  large  that  the  work  cannot  be 


60 


Tioga  County. — Town  of  Nichols.  Concrete  arch  over  Park  creek,  built  under  direction  of  town  superintendent,  span  26  feet; 

width  of  roadway  18  feet,  extreme  length  40  feet,  cost  $600. 


HKPARY 
0 i T Hi 

OMVtrsiTr  Of  tUJNOIS* 


61 


carried  on  under  the  personal  supervision  of  the  town  superin- 
tendent, it  is  absolutely  necessary  that  the  provisions  of  the  law 
in  this  respect  be  complied  with,  the  town  being  divided  into 
sections  and  a foreman  appointed  to  take  charge  of  the  gang  which 
is  to  work  in  each  section.  The  supervisors  of  highways  and  the 
county  superintendents  will  be  required  to  report  to  this  depart- 
ment any  neglect  on  the  part  of  town  superintendents  in  com- 
plying with  this  provision  of  law.  In  many  instances  during  the 
year  1910  it  was  found  that  town  superintendents  had  not  divided 
their  towns  into  districts  or  sections,  comprehensive  work  had 
not  been  performed,  unexpended  balances  remained  in  the  hands 
of  the  supervisor  and  the  taxpayers  of  the  town  as  well  as  the 
users  of  the  public  thoroughfares  were  dissatisfied.  In  all  in- 
stances where  the  highway,  bridge  and  miscellaneous  report  or 
the  supervisor’s  books  show  an  excessive  balance  remaining  on 
hand,  the  town  superintendents  will  be  called  upon  to  explain  why 
they  have  failed  to  perform  their  duty  in  this  respect. 

Subdivision  4 of  the  same  section  provides  that  the  town  superin- 
tendent shall  employ  such  persons  with  teams  and  implements  as 
may  be  necessary  for  the  proper  maintenance  and  repair  of  high- 
ways and  bridges,  etc.,  and  that  he  shall  file  a list  of  the  names 
of  persons  so  employed,  with  the  compensation  paid  to  each,  and 
the  capacity  in  which  they  are  to  be  employed,  in  the  office  of  the 
town  clerk.  This  provision  of  law  is  for  the  specific  purpose  of 
compelling  the  town  superintendent  to  organize  his  forces  earrlv 
in  the  season  for  the  highway  work  of  the  ensuing  year.  It  has 
been  noted  by  the  Commission  that  in  those  cases  in  which  labor 
or  teams  were  irregularly  employed,  generally  speaking  the  money 
expended  therefor  has  been  wasted  or  worse.  Many  town  superin- 
tendents during  the  past  year  have  been  extremely  negligent  in 
complying  with  the  law  in  this  respect  and  their  own  past  ex- 
perience is  the  best  argument  that  can  be  advanced  showing  the 
necessity  for  a strict  compliance  therewith. 

The  statement  has  been  made  in  some  towns  in  the  State  that 
it  is  impossible  to  procure  proper  help  to  carry  on  the  highway 
work.  This  provision  of  law  relative  to  the  filing  of  a list  with 
the  town  clerk  is  for  the  express  purpose  of  impressing  upon  the 
minds  of  town  superintendents  the  fact  that  provision  must  be 
made  in  advance  for  help  and  no  argument  can  be  advanced  by 
any  town  officers  which  will  convince  the  Commission  that  proper 
help  for  the  highway  work  cannot  be  secured  for  continuous  ser- 
vice if  effort  to  secure  the  same  is  made  at  the  proper  time,  just 


62 


as  the  farmer  or  the  mechanic  or  the  manufacturer  can  secure 
his  help  in  order  to  carry  on  his  work.  By  following  out  the  pro- 
vision of  law  in  this  respect  no  trouble  will  be  experienced  in 
procuring  labor  and  in  prosecuting  the  work  in  accordance  with 
law  and  the  rules  and  regulations  of  this  department. 

If  the  town  superintendent  appoints  a town  patrolman,  in 
accordance  with  the  suggestions  relative  to  this  question  on  another 
page,  this  should  be  done  when  the  rest  of  the  organization  is 
perfected. 

After  the  force  is  organized  and  the  work  about  to  begin  the 
town  superintendent  should  notify  the  men  employed  that  they 
will  be  paid  semi-monthly,  thereby  establishing  pay  days  on  the 
first  and  fifteenth  of  each  month,  or  thereabouts,  and  after  estab- 
lishing these  pay  days  the  town  superintendent  should  prepare 
the  orders  on  or  about  said  dates,  making  the  orders  payable  to 
each  individual  and  following  the  directions  which  are  printed 
on  the  first  inside  cover  of  the  order  book  prepared  therefor. 

With  the  exception  of  the  employment  of  a town  patrolman, 
the  town  superintendent  must  not  employ  labor,  teams  or  ma- 
chinery by  the  day  as  the  account  book  which  is  furnished  the 
supervisor  provides  that  the  accounts  shall  be  kept  by  the  hour 
and  the  orders  drawn  by  the  town  superintendent  must  be  by  the 
hour  and  not  by  the  day,  and  all  such  orders  must  indicate  the 
road  on  which  the  work  is  performed. 


Schuyler  County. — Town  of  Cayuta.  A cheap  method  of  handling  gravel.  Loading  platform  is  put  together  with  bolts  and 
may  be  easily  dismantled  for  moving.  The  cost  of  loading  the  gravel  as  shown  in  this  view  was  seven  cents  per  cubic  yard. 


tlBRARy 
Of  tHE 

WHivEKSIty  Of  ILUNOiS. 


UNIFORM  SYSTEM  OF  TOWN  ACCOUNTS. 


Under  the  provisions  of  the  highway  law  and  by  rules  and 
regulations  prescribed  by  the  Commission,  a uniform  system  of 
town  accounts  has  been  provided  to  be  kept  by  the  various  town 
officials  in  such  manner  as  to  enable  the  Commission  to  annually 
tabulate  reports  therefrom  and  also  in  such  a manner  as  to  enable 
the  citizens  of  any  town  who  are  interested  to  satisfy  themselves 
at  any  time  as  regards  the  proper  expenditure  of  town  highway 
funds  for  these  purposes.  The  law  also  provides  for  a system  of 
audit  and  these  accounts  are  regularly  audited  by  the  district 
supervisor  in  charge  of  each  district.  With  extremely  few  excep- 
tions these  accounts  have  been  properly  kept  and'  proper  reports 
have  been  made. 

In  providing  for  a uniform  system  of  accounts  for  the  various 
towns  it  was  necessary  for  the  Commission  as  provided  by  law 
to  supply  the  supervisors  with  proper  account  books  and  the  town 
superintendent  with  order  books,  and  also  blank  forms  for  the 
purpose  of  complying  with  the  various  provisions  of  the  highway 
law. 

In  carrying  out  this  system  it  has  necessitated  much  detail  work 
and  a full  corps  of  office  assistants,  and,  as  before  stated,  the  town 
officials  generally  are  entitled  to  the  thanks  of  the  Commission 
for  their  promptness  in  complying  with  requests  and  in  promptly 
furnishing  this  much  desired  information.  The  few  exceptions 
to  the  rule  are  such  that  they  are  hardly  worth  commenting  on, 
and  in  all  such  cases  prompt  steps  have  been  taken  to  compel 
such  delinquent  or  careless  authorities  to  properly  perform  their 
duties. 


63 


ROAD  MACHINES. 


The  general  introduction  of  road  machines  in  highway  work 
in  the  early  eighties  marked  a beginning  of  a considerable  change 
in  methods  and  in  actual  results  accomplished  in  the  highway 
work  of  this  State  as  then  conducted  under  the  so  called  Labor 
System.  The  advantages  to  be  gained  by  the  use  of  these  ma- 
chines were  very  quickly  recognized  and  developments  along  this 
line  were  rapid.  For  a time  the  improvement  in  general  condi- 
tions was  very  marked.  With  their  continued  use  under  the  con- 
ditions then  prevailing  and  in  the  succeeding  years  there  has 
been  an  almost  universal  tendency  to  use  the  road  machine  in 
such  manner  and  at  such  times  and  in  such  places  as  to  produce 
results  which  have  been  extremely  unsatisfactory. 

It  is  an  opinion  held  by  very  many  among  those  who  have 
given  the  subject  most  careful  attention,  that  as  applied  to  the 
five  years  preceding  1908  the  results  throughout  the  State  in 
general  have  been  such  that  this  use  has  resulted  in  an  actual 
deterioration  in  the  condition  of  the  roads;  that  in  effect  not  by 
the  use,  but  by  the  abuse,  of  the  road  machine  a very  large  per- 
centage of  the  money  expended  therefor  has  been  worse  than 
wasted,  as  the  roads  were  left  in  worse  condition  through  their 
use  than  they  would  have  been  had  they  not  been  touched  at  all. 
There  is  no  implement  used  in  the  repair  or  maintenance  of  high- 
ways which  when  properly  used  results  in  a greater  saving  of 
labor  than  the  road  machine  and  there  is  no  implement  by  means 
of  which  money  may  be  wasted  any  faster  and  bad  conditions 
more  quickly  produced  than  by  their  misuse. 

Recognizing  the  importance  of  the  foregoing  facts  a line  of  in- 
struction for  the  use  of  the  road  machine  by  the  town  superin- 
tendent was  formulated  and  the  system  as  laid  down  by  the 
bureau  has  been  very  generally  followed  throughout  the  State 
and  with  extremely  satisfactory  results,  both  as  regards  condi- 
tions of  roads  attained  and  economical  expenditure  of  the  funds 
for  that  purpose.  The  principal  use  of  the  road  machine  is  in 
widening  and  turnpiking  and  as  applied  to  this  class  of  work  a 


64 


65 


road  machine  should  never  be  used  except  suitable  preparation 
therefor  has  previously  been  made,  either  by  fall  or  early  spring 
plowing,  to  the  end  that  the  sod  and  organic  matter  which  must 
necessarily  form  a part  of  the  new  road  bed  may  be  thoroughly 
disintegrated  before  using.  The  roots  of  grass  and  weeds  begin 
their  growth  very  quickly  after  the  frost  goes  out  in  the  spring 
and  with  delay  the  mass  of  roots  become  tougher  and  more  dense, 
consequently  harder  to  break  up  and  smooth  out  when  placed  in 
the  road.  When  this  growth  is  allowed  to  proceed  into  the  late 
spring  or  summer,  as  has  been  the  rule  rather  than  the  exception 
in  the  past,  the  result  has  been  that  when  this  mass  was  hauled 
into  the  road  by  the  road  machine  there  resulted  either  a cloddy, 
uneven  surface  or  a great  expense  by  hand  labor  in  reducing  the 
same.  This  is  entirely  avoided  by  following  the  practice  as  above 
described  of  plowing  those  portions  of  the  sides  of  the  road  which 
are  sodded  over  with  an  ordinary  land  plow  and  giving  that  sod 
time  to  disintegrate  before  using.  The  only  exception  allowable 
in  this  practice  is  in  cases  where  vegetable  growth  at  the  side  of 
the  road  does  not  exist  or  is  very  light,  also  in  side  hill  cuts  and 
in  widening  or  grading  where  the  amount  of  sod  is  relatively 
insignificant  as  compared  to  the  mass  of  material  to  be  moved. 

Vast  amounts  of  money  and  work  have  been  practically  wasted 
in  the  results  accomplished  by  the  use  of  road  machines  in  cases 
where,  although  details  of  the  work  itself  were  fairly  well  done, 
the  result  as  a whole  was  nullified  by  the  fact  that  no  intelligent 
plan  was  made  before  the  beginning  of  the  work,  no  alignment 
or  grades  established,  the  work  being  carried  on  in  a sort  of 
guess-twice-and-divide-by-two  manner,  following  all  the  old  crooks 
and  turns,  leaving  knolls  as  high  or  higher  than  they  were  found, 
no  attempt  to  fill  the  depressions,  etc.,  etc.  In  every  case  be- 
fore any  piece  of  road  machine  work  is  begun  the  ground  should 
be  gone  over  thoroughly  by  the  town  superintendent,  a plan 
formulated  applying  to  the  conditions  as  found,  ditch  lines  estab- 
lished by  stakes  driven  at  intervals  frequent  enough  to  insure  the 
alignment  established  thereby  being  followed,  the  width  neces- 
sary for  the  location  being  taken  into  consideration  in  establish- 
ing these  lines,  cuts  and  fills  if  any  determined  on  before  a furrow 
is  turned.  In  every  case  of  work  of  this  character  what  is  com- 
monly known  as  a “ trimmer  gang  ” should  in  every  instance  fol- 
low the  road  machine  gang  closely.  This  equipment  should  con- 
sist of  a good  team  and  wagon  with  a dump  box,  driver  and  not 
5* 


66 

less  than  two  laborers  equipped  with  rakes,  shovels,  stone  forks, 
picks  and  crow  bars,  smoothing  up,  removing  and  carrying  away 
stones  and  other  refuse  immediately  following  the  road  machine 
not  a week  after,  nor  two  days  after  nor  one  day  after,  but 
immediately. 

With  plans  thus  made  and  carefully  followed,  results  are  ob- 
tained which  are  permanent.  A piece  of  work  thus  done  does 
not  have  to  be  done  at  the  same  expense  the  following  year  which 
has  been  the  case  in  the  greater  part  of  the  road  machine  work 
as  done  under  the  old  careless  haphazard  method. 

A large  amount  of  money  is  also  annually  wasted  by  the  use 
of  an  unnecessary  amount  of  power  in  a large  portion  of  the 
work  as  has  heretofore  been  done.  In  the  past  instances  are  so 
common  as  to  be  the  rule  in  which  a road  machine  gang  is  started 
out  with  a full  equipment  of  men  and  three  teams  to  do  what 
amounts  to  merely  rut  scraping  which  should  be  done  by  one  man 
and  one  team.  Machines  of  light  build,  designed  for  use  with 
one  team  or  at  the  most  three  horses,  have  recently  been  put  upon 
the  market  which  in  many  localities  serve  a very  useful  purpose 
and  result  in  a considerable  saving.  The  following  is  a picture 
of  such  a machine.  In  cases  where  deep  ruts  have  been  allowed 
to  form,  also  in  low  lying  clayey  locations  where  a road  that  pre- 
viously had  been  properly  widened  and  crowned,  has  become  flat- 
tened, these  machines  are  useful  in  filling  deep  ruts  and  restoring 
the  crown  of  the  road  and  in  the  great  majority  of  cases  at  least 
one  of  these  should  be  owned  and  used  for  this  purpose  by  each 
town. 

In  every  case  of  road  machine  work  the  aim  of  the  town 
superintendent  should  be  to  so  plan  and  execute  the  work  that 
as  applied  to  that  case  with  the  finish  of  the  job  the  road  machine 
work  is  ended  for  a long  period  if  not  forever.  His  aim  should 
be  to  put  that  section  in  such  a condition  that  thereafter  it  might 
be  maintained  by  honing,  or  at  the  most  by  occasional  trips  with 
the  light  machine  shown  here,  and  the  expense  of  the  larger 
amount  of  power  and  larger  crew  forever  eliminated. 


‘J^A/fy 

°^Sir°y  & 


Eliots. 


MECHANICAL  POWER  IN  HIGHWAY  WORK. 


The  availability  of  steam  or  gasoline  traction  engines  or  road 
rollers  for  use  as  power  in  hauling  road  machines  for  grading  and 
scraping  is  coming  to  be  very  generally  recognized  throughout 
the  State.  The  feasibility  of  the  use  of  power  tractors  was  demon- 
strated in  several  towns  of  the  State  a considerable  number  of 
years  ago.  In  one  town  in  particular  in  which  a steam  roller  has 
been  used  for  power  for  the  longest  term  of  which  we  have  any 
accurate  record,  this  roller  has  been  used  for  sixteen  years  during 
which  time  the  expense  for  labor  of  horses  as  power  has  been  so 
insignificant  as  to  be  a negligible  quantity  arid  for  several  years 
last  past  no  horses  at  all  have  been  used  but  a second  machine  has 
been  purchased  and  that  town  now  uses  two  steam  rollers  for 
tractive  purposes  to  the  entire  exclusion  of  horses,  and  at  this 
time  a little  more  than  one-third  of  all  the  towns  in  the  State  are 
equipped  with  power  tractors  of  some  kind.  By  their  use  road 
machine  work  is  done  much  more  cheaply  thus  resulting  in  a con- 
siderable saving  of  money,  or,  where  an  equal  amount  of  money 
is  expended  as  was  formerly  done,  a correspondingly  greater 
amount  of  road  is  worked. 

In  addition  to  the  economy  of  their  use  the  possession  of  one 
of  these  machines  by  a town,  renders  the  town  superintendent  com- 
paratively independent  as  regards  the  hire  of  teams,  and  in 
localities  where  team  labor  is  scarce  or  where  team  owners  by 
reason  of  scarcity  are  inclined  to  advance  prices  or  u soldier  ” on 
the  job,  being  in  possession  of  steam  power  relieves  the  town 
superintendent  entirely  of  this  embarrassment. 

In  heavy  work  where  a job  of  widening  or  turnpiking  is  in 
progress  which  involves  the  moving  of  a large  quantity  of  earth, 
experience  has  shown  that  this  can  be  accomplished  by  the  use  of 
steam  or  gasoline  power  for  less  than  one-half  of  the  cost  of  the 
same  work  when  done  by  horse  power.  The  larger  amount  moved 
at  each  trip,  the  steadiness  with  which  machines  may  be  kept 
going,  there  being  no  necessity  for  rests  or  cooling  off  or  favoring 
teams  on  hot  days,  are  the  main  factors  in  accomplishing  this 


67 


68 


saving.  Where  lighter  work  is  to  be  done  two  machines  may  be 
drawn  at  one  time  by  the  roller  or  traction  engine  and  in  many 
cases  one  trip  over  the  road  will  suffice  to  finish  the  work.  A 
very  common  sight  in  towns  which  are  using  power  is  to  see  a 
roller  or  engine  hauling  two  road  machines,  one  on  each  side  of 
the  road,  with  a harrow  trailing  behind  all,  completing  the  job 
as  they  go  along. 

As  between  rollers  or  traction  engines  for  hauling  purposes, 
it  is  the  consensus  of  opinion  among  the  users  of  these  machines 
who  have  had  the  longest  experience,  that  as  applied  to  the  average 
town  highway  work  the  roller  is  to  be  preferred.  Another  reason 
which  it  would  seem  should  go  far  in  determining  this  point  with 
town  boards  who  are  considering  the  matter  of  purchase,  is  this: 
Under  the  present  system  of  standardizing  all  highways,  in  four 
or  at  the  most,  five  years,  practically  the  entire  mileage  of  earth 
roads  of  the  State  will  be  brought  to  a standard  width  after  which 
there  will  be  but  little  use  for  the  traction  engine  as  such,  whereas 
the  roller  can  be  used  upon  any  road  from  the  finest  macadam  to 
the  poorest  earth  any  day  in  the  year  to  good  advantage.  There 
may  be  a few  instances  in  the  State  in  which  owing  to  peculiar 
local  conditions  it  is  possible  that  a traction  engine  might  do  trac- 
tive service  equal  to  that  of  a roller.  There  also  may  be  found  a 
few,  but  it  must  be  very  few,  towns  in  which  the  valuation  is  so 
small  and  the  amount  of  money  available  for  highway  purposes 
so  little,  that  owing  to  the  smaller  initial  cost  it  might  be  possible 
to  purchase  a traction  engine  whereas  the  price  of  a roller  might 
be  considered  prohibitive,  but  the  cases  where  either  of  these 
conditions  prevail  are  so  few  as  to  be  exceptional. 

Section  50  of  the  Highway  Law  was  designed  to  aid  towns 
in  the  purchase  of  machinery  with  the  idea  that  many  towns  might 
avail  themselves  of  its  use  and  thus  be  induced  to  more  quickly 
fall  into  line  in  this  matter.  As  a practical  illustration  of  the 
practical  effect  of  the  lease  of  machinery  under  the  provisions  of 
section  50  let  us  suppose  a case  in  which  a town  has  usually  ex- 
pended say  $750  for  team  hire  for  road  machine  work.  Last 
year  that  amount  was  paid  for  team  labor,  a certain  amount  of 
road  work  was  done,  the  money  was  gone.  This  year  that  town 
leased  a roller  under  the  provisions  of  section  50,  paying  the  lease 
from  the  highway  fund  of  which  State  aid  forms  a portion.  At 
the  conclusion  of  work  a much  greater  amount  of  road  is  worked 
than  had  been  done  the  previous  season  by  horses,  the  money  paid 
for  rental  really  constitutes  a payment  on  the  purchase  price  of 


69 


the  roller,  consequently  this  town  at  the  end  of  this  year  virtually 
has  its  roads  and  has  its  money. 

For  evidences  of  the  benefits  of  this  system  interested  parties 
need  only  go  to  any  of  those  towns  in  which  the  practice  has  pre- 
vailed for  more  than  four  years,  to  ascertain  in  what  an  astonish- 
ing degree  the  benefits  constantly  increase.  Aside  from  the  vastly 
greater  amount  of  work  accomplished  for  the  same  money  in  each 
year,  after  the  final  payment  has  been  made  the  expense  for  power 
is  practically  eliminated  and  from  that,  time  forward  what  had 
previously  been  a heavy  charge  for  teams  and  drivers  is  reduced 
to  the  bare  expense  of  running  the  machine. 


ROAD  HONING  OR  RUT  SCRAPING. 


Much  has  been  written  and  many  theories  have  been  advanced 
by  good  roads  enthusiasts,  not  only  in  the  State  of  New  York 
but  in  other  states  as  well,  as  to  the  proper  means  of  preserving 
the  crown  of  earth  or  gravel  roads,  freeing  the  same  from  ruts 
and  depressions,  and  so  forth.  Printed  matter  in  various  forms, 
and  more  particularly  in  the  columns  of  the  press,  has  been  spread 
broadcast  in  advocacy  of  methods  of  this  character.  In  New 
York  State  every  imaginable  device  for  this  purpose  has  been 
tested,  and  it  has  been  demonstrated  that  without  question  the 
most  economical  and  effective  way  of  preserving  the  crown  of  a 
road  and  filling  ruts  and  depressions  is  by  systematic  road  honing. 

It  is  not  the  purpose  of  this  department  to  advocate  the  use  of 
any  particular  device.  Some  are  better  than  others,  but  all  are 
good,  and  it  has  been  determined  to  leave  the  selection  of  an 
implement  of  this  character  solely  to  the  judgment  of  the  local 
town  authorities.  The  road  hone  which  has  heretofore  been 
known  as  the  split  log  drag  can  be  constructed  very  cheaply 
(see  illustration  on  opposite  page),  and  one  of  these  should  be 
provided  for  all  road  hone  districts  of  each  town  of  the  State 
excepting  where  the  use  of  the  same  has  demonstrated  the  fact 
that  a more  expensive  hone  is  more  efficacious  and  can  produce 
better  results  at  less  expense.  A hone  of  this  kind  is  made  by 
splitting  a log  eight  or  nine  feet  in  length,  and  ten  or  twelve  inches 
in  diameter,  in  halves,  which  parts  are  placed  about  thirty  to 
thirty-six  inches  apart,  with  the  flat  sides  to  the  front  so  that  the 
sharp  edges  will  act  as  scrapers,  and  be  fastened  in  this  position 
by  crossbars.  These  hones  can  be  constructed  at  a cost  of  about 
$2  or  $3  each. 

Two  pieces  of  railroad  rail  fastened  by  iron  bars  in  the  same 
manner  would  make  a better  and  more  durable  hone.  Plank  may 
be  placed  on  crossbars  on  which  the  driver  may  ride,  if  necessary. 
To  use  it  the  horses  are  hitched  so  that  the  hone  shall  have  a slant 
of  about  45  degrees  to  the  direction  of  the  pull  of  the  team. 


70 


71 


SPLIT  LOG  HONE 


72 


A still  better  and  more  effective  bone  is  made  of  oak  plank, 
four  inches  thick  and  ten  inches  wide,  faced  with  a cutting  edge 
of  steel  or  iron,  and  beveled  on  the  back.  A heavy  stick  of  timber 
to  smooth  and  compact  the  road  may  be  fastened  to  the  back  by 
means  of  chains  about  thirty  inches  in  length.  The  hone  is  hauled 
by  a tongue  fastened  rigidly  to  the  face  of  the  plank.  There  are 
several  holes  through  this  half  circle  spaced  at  equal  distances,  and 
in  a position  to  receive  a bolt  passing  through  the  tongue.  By 
changing  this  bolt  any  desired  slant  may  be  given  to  the  scraper. 

In  the  maintenance  and  care  of  the  ordinary  earth  road  many 
difficulties  are  encountered  because  of  the  want  of  a perfect  under- 
standing as  to  how  to  secure  the  hardest  and  most  durable  surface 
with  the  material  which  is  available.  It  has  been  found  that  an 
ordinary  earth  road  can  be  transformed  into  a well  rounded,  well 
drained  public  highway,  and  maintained  at  a minimum  expense 
by  the  use  of  hones  alone  for  smoothing  and  crowning  the  traveled 
portions. 

The  highways  can  be  maintained  by  the  use  of  these  hones  at 
an  expense  of  about  $5  to  $6  per  mile,  at  the  same  time  transform- 
ing muddy,  uneven  roads  into  thoroughfares  which  are  smooth 
and  free  from  ruts  and  depressions.  Before  undertaking  to  use 
the  hones  the  road  must  be  thoroughly  drained,  shaped  and 
crowned  by  the  use  of  a road  machine  for  grading  and  scraping. 
The  loose  stones,  sod  and  organic  matter  must  be  removed  and  the 
ditches  and  culverts  made  free  and  clear.  Then  the  hones  must 
be  used  while  the  road  is  wet  from  recent  rains,  and  should  be 
honed  its  entire  length. 

Town  superintendents  must  not  permit  the  use  of  road  hones 
after  the  surface  has  become  dry.  It  is  time  and  money  worse 
than  wasted  as  actual  damage  results  from  their  use  at  such  times 
because  it  is  productive  of  a dusty  condition  and  tends  to  destroy 
hardened  particles  of  earth  which  might  otherwise  resist  wear. 
The  town  superintendents  should  bear  constantly  in  mind  the 
fact  that  earth  must  be  handled  while  it  contains  moisture  if  a 
solid  earth  surface  is  desired.  Consequently  the  only  time  when 
it  is  proper  to  use  a hone  is  while  the  surface  of  the  road  is  actu- 
ally wet,  or,  at  least,  moist.  A town  superintendent  must  be  able 
to  comprehend  the  different  treatment  required  by  soils  of  differ- 
ent character  and  work  each  at  the  state  of  wetness  in  which  it 
will  work  best.  A gravel  road  must  be  wet  at  the  time  of  honing, 
a clay  road  can  not  be  honed  wet,  but  must  be  moist. 


73 


74 


It  has  been  very  difficult  to  impress  upon  the  minds  of  those  / 

having  care  of  earth  roads  the  advantage  to  be  derived  from  the 
use  of  hones.  It  seems  that  the  hardest  part  is  in  making  the 
start;  the  rest  is  so  simple  that  one  will  learn  by  doing  it.  It 
will  soon  be  found  that  the  effect  will  be  the  smoothing  of  the 
road  surface,  and  after  this  is  done  the  rain  and  snow  water  will 
flow  off  and  encourage  the  distribution  of  travel.  Teams  usually 
follow  the  beaten  track.  This  method  destroys  the  old  track,  and 
the  new  one  becomes  broader  and  less  definite  than  before. 

By  using  these  hones  while  the  road  is  yet  wet  or  moist  it 
finally  becomes  a series  of  practically  waterproof  layers  of  puddled 
earth,  and  almost  imperceptibly  the  center  is  elevated  to  a smooth 
grade  that  is  not  easily  affected  by  the  bad  weather.  One  point 
which  must  not  be  lost  sight  of  is  the  fact  that  the  puddling  effect 
of  the  hone  when  used  upon  a wet  surface  is  fully  as  important 
in  its  results  as  the  smoothing  which  is  accomplished.  This  im- 
plement should  be  used  when  parts  of  the  road  might  seem 
altogether  too  wet,  but  usually  it  is  impossible  to  commence  this 
work  too  soon  after  a rain.  While  the  road  is  in  this  condition  it 
is  better  to  drive  down  one  wheel  track  and  back  on  the  other. 

This  will  work  the  earth  toward  the  center  of  the  wagon  track, 
fill  the  depressions  and  gradually  widen  the  road  as  the  work 
progresses. 

It  will  be  found  that  in  honing  roads,  the  soil  conditions  of 
which  are  more  particularly  clay,  while  the  roads  are  moist  that 
the  ruts  will  be  filled  with  mud  or  soft  earth,  which  must  have 
proper  time  to  season  or  harden  before  the  passage  of  vehicles  in 
the  same  track  or  rut  can  properly  be  permitted.  Town  superin- 
tendents are  therefore  urged  to  provide  at  convenient  places  by 
the  side  of  the  road  wooden  blocks,  or  hardheads,  ranging  in  size 
of  form  six  to  eight  inches  or  thereabouts,  and  as  they  are  honing 
the  road  on  one  side  to  place  these  blocks,  or  hardheads,  at  in- 
tervals of  100  to  200  feet  along  the  rut,  thus  forcing  the  travel 
out  of  the  ruts  and  giving  them  an  opportunity  to  harden  and 
cure,  being  careful  to  direct  the  employee  performing  this  work 
of  honing  to  remove  these  blocks,  or  hardheads,  as  soon  as  prac- 
ticable and  not  later  than  twenty-four  hours  after  honing.  This 
portion  of  these  directions  applies  only  to  cases  where  a road  has 
become  deeply  rutted.  But,  generally  speaking,  if  roads  are  prop- 
erly standardized  as  to  width  and  a proper  system  of  honing 
adopted,  deep  ruts  will  not  occur  and  the  above  statement  would 
not  apply. 


75 


id 


OAK  PLANK  HONE 


76 


This  practice  will  force  the  automobile  or  the  heavily  laden 
vehicle  to  seek  passage  over  other  portions  of  the  roadbed  which 
cannot  be  easily  destroyed  by  once  traveling  over  it.  It  must  be 
borne  in  mind  that  a practice  of  this  character  will  inflict  a tem- 
porary inconvenience  upon  the  user  of  the  road,  but  if  a road  has 
been  standardized  to  a width  of  twenty-four  feet  between  ditches 
with  a crown  of  one  inch  to  the  foot  there  is  no  good  reason  why 
travel  should  not  be  temporarily  diverted  over  certain  portions  of 
the  road  to  the  end  that  the  most  excellent  results  desired  may 
be  attained. 

Do  not  be  in  a hurry.  First,  provide  yourself  with  an  imple- 
ment of  this  kind,  and,  second,  use  it  only  the  right  time.  Re- 
member that  the  right  time  is  just  as  the  road  is  drying  after  a 
rain,  or  when  it  is  thawed  on  top  during  the  winter  and  spring. 
If  these  suggestions  are  followed  it  will  be  noticed  that  a practi- 
cally waterproof  surface  will  be  produced,  and  that  the  road  will 
shed  the  rain  instead  of  absorbing  it,  and  the  reason  why  the  road 
should  be  honed  following  a rain  is  so  that  it  will  be  prepared  to 
shed  the  water  that  it  may  receive  from  the  next  rain. 

Town  superintendents  should  make  arrangements  with  men  in 
different  parts  of  the  town  to  do  this  work.  One  man  and  a team 
can  usually  cover  from  eight  to  twelve  miles  in  a day. 

Town  superintendents  will  find  that  they  cannot  keep  their 
roads  in  a condition  demanded  by  the  taxpayers  of  the  town  in 
any  other  manner  at  as  small  an  expense. 

Town  superintendents  should  appreciate  the  fact  that  earth 
roads  will  not  maintain  themselves  and  remain  in  good  condition. 
Even  though  they  are  properly  built  they  require  careful  and 
frequent  attention,  without  which  they  will  rut,  forming  water- 
pockets  which  hold  the  water  when  as  a matter  of  fact  the  water 
should  be  carried  to  the  ditches  on  either  side.  Roads  in  which 
water  pockets  are  allowed  to  form  soon  become  impassable  after 
heavy  rains,  and  particularly  in  the  spring  when  the  frost  goes  out 
of  the  ground  they  become  very  rough.  Therefore  constant  care 
and  attention  should  be  directed  toward  keeping  the  road  smooth 
and  hard,  and  in  maintaining  or  increasing  the  crown. 

As  heretofore  stated,  this  department  does  not  advocate  the  use 
of  any  particular  device,  but  it  is  deemed  highly  proper  that  a 
description  of  other  machines  or  implements  which  have  given 
satisfaction  should  be  described  as  far  as  possible  in  order  that 
town  authorities  may  act  intelligently.  The  following  points  are 
to  be  borne  in  mind: 


77 


Make  a hone  which  can  be  hauled  over  the  road  at  an  angle  so 
that  a small  amount  of  the  earth  is  pushed  to  the  center  of  the 
road. 

Drive  a team  at  a walk,  and  let  the  driver  ride  on  the  hone. 

Begin  at  one  side  of  the  road  or  wheel  track,  returning  on  the 
opposite  side. 

Hone  the  road  as  soon  after  every  rain  as  possible  but  not  when 
the  mud  is  in  such  a condition  as  to  stick  to  the  hone.  Do  not 
hone  a road  when  dry. 

Hone  whenever  proper  at  all  seasons  of  the  year.  If  a road  is 
honed  immediately  before  a cool  spell  it  will  freeze  in  a smooth 
condition. 

The  width  of  the  traveled  way  to  he  maintained  by  the  hone 
should  be  from  eighteen  to  twenty-four  feet;  first  hone  a little 
more  than  the  width  of  a single  wheel  track,  then  gradually  in- 
crease until  the  desired  width  is  obtained. 

Always  hone  a little  earth  toward  the  center  of  the  road  until 
it  is  raised,  forming  a crown  of  at  least  one  inch  fall  to  the  foot. 
If  the  hone  cuts  too  much,  shorten  the  hitch. 

The  amount  of  the  earth  that  the  hone  will  carry  along  can  be 
very  considerably  controlled  by  the  driver  accordingly.  When  the 
roads  are  first  honed  after  a very  muddy  spell  wagons  must  drive, 
if  possible,  to  one  side  until  the  roadway  has  a chance  to  freeze 
or  dry  out. 

The  best  results  from  honing  are  obtained  by  a repeated  appli- 
cation. Constant  attention  is  necessary  in  order  to  maintain  an 
earth  road  in  its  best  condition. 


79 


TOWN  PATROLMAN. 


The  blank  form  of  agreement  which  must  be  entered  into  by 
and  between  the  town  board  and  the  town  superintendent  as  pro- 
vided by  law  for  the  year  1911,  will  provide  for  the  setting  aside 
of  sufficient  funds  to  enable  the  town  superintendent  to  appoint 
a town  patrolman.  This  system  has  been  given  a trial  in  a few 
towns  of  the  State  and  has  proved  so  successful  that  the  town 
authorities  throughout  the  State  are  particularly  requested  to 
adopt  the  plan  for  a try  out  for  at  least  one  season. 

It  has  been  demonstrated  beyond  any  question  of  doubt  that 
the  patrol  system  adopted  in  the  maintenance  of  State  and  county 
highways  has  proved  to  be  exceedingly  efficacious,  and  it  is 
believed  that  the  same  system  carried  into  force  and  effect  in  the 
maintenance  and  care  of  the  main  town  highways  will  result  in 
greater  economy  of  maintenance  and  a better  condition  of  such 
main  highways  in  each  town. 

In  the  directions  for  the  guidance  of  town  superintendents  and 
in  the  preparation  of  orders  and  account  books  for  a uniform 
system  of  town  accounts  the  plan  has  been  adopted  to  employ  all 
labor  and  teams  by  the  hour  and  not  by  the  day.  An  exception 
to  this  rule  can  be  made  in  the  appointment  and  employment  of  a 
town  patrolman.  It  has  been  ascertained  that  a good  man,  with 
the  proper  equipment  consisting  of  a good  horse,  and  wagon  with 
dump  box,  or  a cart,  a one  horse  plow  and  the  necessary  small 
tools,  can  be  hired  according  to  the  locality  at  prices  varying  from 
$60  to  $75  per  month. 

At  the  time  of  the  appointment  of  the  patrolman  by  the  town 
superintendent  he  should  be  given  to  understand  that  he  is  to  give 
his  entire  time  to  the  work  from  the  time  of  the  appointment  in 
the  spring  till  the  closing  of  the  season  in  the  fall,  and  that  his 
pay  is  to  be  by  the  month  and  not  by  the  day  or  hour ; that  he  is 
to  give  his  particular  attention  to  such  main  roads  as  may  be 
designated  by  the  town  superintendent;  that  it  shall  be  his  duty 
on  such  roads  to  keep  clean  the  ditches,  open  culverts,  remove 
loose  stone  from  the  beaten  track  of  the  highways,  fill  depressions 


80 


81 


and  repair  approaches  to  bridges  and  culverts,  and  to  make  re- 
pairs to  culverts  (not  bridges),  in  accordance  with  the  directions 
of  the  town  superintendent,  and  should  be  given  to  understand 
that  his  particular  attention  and  services  are  required  on  these 
highways  immediately  following  heavy  storms  and  during  con- 
tinuous rains,  as  there  is  no  other  time  when  defects  and  water- 
pockets  can  be  so  promptly  discovered  and  proper  remedies 
applied. 

The  particular  attention  of  the  town  authorities  is  directed  to 
the  fact  that  the  town  patrolman,  if  appointed,  is  not  to  be 
attached  to,  or  become  a part  of,  any  other  town  highway  working 
force,  but  that  it  would  be  perfectly  proper  and  the  town  superin- 
tendent is  urged  to,  whenever  in  his  judgment  it  seems  wise, 
assign  to  the  patrolman  the  services  of  a helper,  such  helper  to  be 
paid  by  the  hour  and  not  by  the  day.  Under  no  circumstances 
should  an  attempt  be  made  by  the  town  superintendent  to  detail 
any  individual  from  any  regularly  organized  forces  as  a patrol- 
man temporarily,  because  a patrolman  when  appointed  must  neces- 
sarily be  engaged  in  doing  patrol  work  and  should  be  required  to 
do  no  work  of  any  other  kind.  Particular  attention  is  called  to 
the  fact  that  in  the  appointment  of  a town  patrolman  that  he 
should  form  no  part  of  any  organization  for  road  honing. 

In  towns  where  this  plan  has  been  adopted  it  has  proven  a wise 
and  economical  measure  and  much  better  general  results  as  a 
whole  are  attained  in  such  towns.  It  has  been  found  that  the 
roads  are  kept  in  smoother  condition  satisfactory  to  the  users  of 
vehicles  of  all  kinds,  heavily  laden  as  well  as  pleasure  vehicles, 
and  the  figures  of  maintenance  cost  as  a result  of  the  adoption  of 
this  system  have  been  a source  of  surprise  even  to  the  prime 
movers  in  its  adoption  when  compared  with  the  results  obtained. 


6 


REMOVAL  OF  OBSTRUCTIONS  CAUSED  BY  SNOW 
BY  THE  USE  OF  SNOW  ROLLERS  OR  PACKERS. 


In  the  northern  counties  of  this  State  it  has  been  the  practice 
in  many  instances  to  roll  snow.  This  method  has  been  extremely 
successful.  It  has  also  been  the  practice  in  Wisconsin,  Michigan, 
Vermont  and  other  States,  and  the  system  has  been  so  general  in 
some  localities  that  manufacturers  of  road  machinery  are  advertis- 
ing and  putting  on  the  market  rollers  for  this  specific  purpose. 
The  practice  of  rolling  snow  has  been  in  vogue  in  Vermont  for 
about  twenty  years,  and  is  now  almost  universal,  particularly  in 
the  eastern  half  of  the  State. 

The  advantage  over  other  methods  of  removal  of  obstructions 
caused  by  snow  is  that  a hard,  wide  and  level  track  is  made,  which 
permits  teams  to  pass  one  another  without  inconvenience  or  dan- 
ger, the  snow  being  compacted  for  a width  of  eight  to  ten  feet,  or 
thereabouts,  and  is  therefore  smooth  on  either  side  of  the  beaten 
path,  and  when  new  snow  strikes  this  smooth  rolled  surface,  it  is 
easily  blown  away  and  gives  little  or  no  trouble.  Sleighing  re- 
mains good  as  long  as  any  snow  remains.  In  the  spring,  when 
snow  is  melting,  little  inconvenience  is  experienced,  as  the  beaten 
track  remains  compact  and  hard  and  will  sustain  the  traffic  until 
the  roadbed  is  exposed. 

The  principal  object  derived  from  rolling  snow  in  these  coun- 
ties is  to  build  up  the  track  to  a height  where  the  drifting  snow 
will  not  stop  in  the  beaten  pathway. 

All  those  who  have  followed  this  practice  agree  that  the  best 
results  are  obtained  by  rolling  immediately  after  the  first  snow- 
fall and  continuing  after  all  succeeding  falls  of  eight  inches  or 
more,  and  also  after  all  heavy  winds.  In  this  way  the  track  is 
kept  hard  from  the  bottom,  and,  as  heretofore  stated,  during  thaws 
or  in  the  spring  when  the  final  thaws  come,  no  trouble  is  exper- 
ienced from  “ breaking  through  ” or  “ slumping.” 


82 


A Snow  Roller 


08 

c\T*  0‘ 


\U 


83 


Complaints  have  been  made  that  on  State  highways  constructed 
or  improved  by  the  State,  county  highways  constructed  or  im- 
proved at  the  joint  expense  of  State,  county  and  town,  and  town 
highways,  those  constructed  or  improved  by  the  town  with  the  aid 
of  the  State,  by  the  use  of  stone  or  gravel,  the  snow  has  blown 
away,  thus  leaving  the  roadbed  bare  in  spots.  Rolling,  as  soon  as 
the  snow  has  accumulated  on  the  surface,  will  pack  and  retain  the 
same  upon  the  surface.  This  is  substantiated  by  the  special  re- 
port regarding  this  question  in  llarriettstown,  Franklin  county, 
which  follows: 

“ Rollers  in  use  are  of  wood  and  of  a diameter  varying  from 
8 V2  to  6 feet,  and  with  a length  of  6 to  12  feet,  which  may  be 
constructed  by  local  mechanics.  The  average  weight  of  a 10-foot 
roller,  5 feet  in  diameter,  is  about  3,800  pounds,  and  the  average 
cost  of  the  same  is  $35.  Usually  they  are  not  longer  than  10  feet, 
but  many  are  8 feet  in  length.  There  seems  to  be  a sentiment 
among  those  who  have  had  experience  that  rollers  of  from  8 to  10 
feet  produce  the  best  results  at  a fair  average  cost.” 

Following  is  an  illustration  of  one  method  of  constructing  a 

snow  roller. 

Experience  has  demonstrated  that  a roller  with  solid  ends  is  to 
he  preferred  to  the  one  here  shown.  For  the  ends  of  the  cylinders 
circles  cut  from  two  thicknesses  of  two-inch  plank  bolted  together 
crosswise  are  to  be  preferred  to  the  open  iron  ends  here  shown. 

It  will  be  noticed  in  some  of  the  following  reports  that  plows 
are  mentioned,  which  are  implements  built  especially  for  opening 
roads  through  deep  snows.  These  are  in  use  to  some  extent  in 
northern  counties.  They  are  quite  massive  affairs,  requiring 
from  four  to  eight  horses  to  draw  them,  and  varying  in  cost  from 
the  simple,  home-made  plow  built  at  a cost  of  about  $50,  to  the 
massive  affair  used  in  Canada,  which  costs  about  $250. 

In  this  State  town  officials  who  have  had  experience  in  rolling 
snow  agree  that  the  advantage  of  rolling  over  that  of  plowing,  or 
any  other  system,  is  very  great.  In  verification  of  this  statement 
Mr.  John  Redwood,  supervisor  of  the  town  of  Santa  Clara,  Frank- 
lin county,  whose  postoffice  address  is  Bay  Pond,  N.  Y.,  makes 
the  following  statement: 

“ One  important  consideration  is  that  plowing,  especially  in 
localities  where  the  snow  fall  is  heavy,  has  the  effect  of  making  a 


84 


O 

oc 


£ 

o 


CO 


85 


channel  in  the  center  of  the  highway  in  which  it  is  natural  that  the 
water  from  the  melting  snow  will  follow  during  a thaw.  When 
the  spring  thaws  come,  the  volume  of  water  flowing  along  this 
channel,  made  by  the  snow  plow,  oftentimes  washes  out  the  center 
of  the  road,  as  that,  of  course,  becomes  bare  first,  and  in  very 
many  cases  when  the  snow  is  gone  the  road  is  found  to  be  destroyed 
and  must  be  returnpiked.” 

The  same  opinion  is  expressed  by  all  of  the  supervisors  and 
town  superintendents  who  have  had  this  experience. 

Mr.  Redwood  also  stated  that,  “ One  day  in  February,  1908,  I 
started  to  drive  from  Bay  Pond  to  Paul  Smith’s.  The  snow  was 
deep  and  the  road  had  been  plowed  several  times,  making  an  ex- 
cellent track  but  with  very  high  banks  on  each  side.  On  the  way 
I met  two  loaded  teams ; no  way  could  be  devised  for  passing,  and 
the  plowed  track  was  so  narrow  and  the  sides  so  high  that  I could 
not,  after  unhitching  my  own  horses  get  back  past  my  cutter.” 

Instances  of  this  kind  are  common,  and  teamsters  traveling 
plowed  roads  make  a practice  of  always  carrying  a shovel  on  their 
loads.  When  two  loaded  teams  meet  at  a point  between  two  turn- 
outs the  drivers  have  to  shovel  a place  wide  enough  for  them  to 
pass ; a matter  of  no  small  amount  of  labor  where  the  snow  is  five 
feet  deep  and  well  frozen. 

In  some  localities  snow  packers  are  used  and  reports  regarding 
same  have  been  received.  The  effect  of  the  packer  is  practically 
the  same  as  that  of  the  roller,  and  in  view  of  the  fact  that  so  many 
of  the  users  of  the  roads  where  it  has  been  in  operation  speak  so 
highly  of  its  merits,  it  would  seem  that  they  are  worthy  of  investi- 
gation. 

To  the  end  that  as  complete  information  as  possible  may  be 
given  town  officials  of  all  the  towns  of  this  State,  an  inspector  was 
detailed  to  make  a thorough  investigation  and  to  make  a careful 
report,  extracts  from  which  are  appended,  viz: 

“ Town  of  North  Elba,  Essex  County,  W.  J.  Washburn,  Town 
Superintendent,  postoffice  address,  Newman,  N.  Y. 

Mr.  Washburn  states  that  during  the  winter  of  1907-1908, 
about  twenty  miles  of  main  road  were  rolled  ten  times,  and  about 
ten  miles  of  by-roads  eight  times,  this  being  sufficient  to  keep 
these  roads  in  good  traveling  condition  all  winter.  The  road  from 


86 


Lake  Placid  to  Keene  (stage  and  mail  route),  a distance  of  twelve 
miles,  was  kept  in  fine  condition  during  the  winter  of  1907  and 
1908,  at  a total  expense  of  $80.” 

The  inspector  in  his  report  further  states : 

“ To  observe  the  effect  of  thawing  on  deep  snow  which  had  been 
rolled,  I drove  out  a short  distance  from  Lake  Placid  on  the  hill 
road  where  a heavy  body  of  snow  had  accumulated.  Less  than  a 
mile  from  the  village  was  a place  where  for  about  one  hundred  rods 
the  snow  was  from  seven  feet  to  ten  feet  deep  in  the  track.  This 
was  on  January  5,  1909,  the  second  day  of  the  thaw,  which  came 
the  first  week  in  January,  and  considerable  rain  had  fallen  during 
the  night  of  the  fourth  and  the  forenoon  of  the  fifth.  Teams  of 
all  descriptions,  double,  single,  light  and  heavily  loaded,  were 
passing  over  this  road  with  no  difficulty  whatever. 

I talked  with  several  citizens,  taxpayers  of  this  town,  and  they 
were  unanimous  in  the  opinion  that  rolling  was  preferable  to  any 
other  method  known  at  present  for  handling  snow.  Previous  to 
rolling,  the  roads  of  this  town  had  been  plowed  and  shoveled. 
How  the  plows  are  not  used  at  all,  except  in  the  spring  after  the 
main  body  of  snow  is  gone,  when  they  are  sometimes  used  to  break 
through  heavy  banks  so  as  to  allow  wagons  to  pass  easily.” 

Town  of  Harriettstown,  Franklin  County,  Mr.  A.  S.  Whitman, 
Town  Superintendent,  postoffice  address,  Harriettstown,  H.  Y. 

Mr.  Whitman,  as  town  superintendent,  has  rolled  snow  in  his 
town  two  winters.  He  uses  an  ordinary  iron  land  roller,  such  as 
are  made  by  nearly  all  manufacturers  of  agricultural  implements. 
He  thinks  that  a regular  snow  roller  would  be  much  better,  but 
considers  the  land  roller  much  ahead  of  plows  or  shoveling.  Lack 
of  funds  has  prevented  the  purchase  of  snow  rollers,  which  they 
hope  to  buy  another  year. 

Seven  miles  of  the  worst  road  in  the  town  were  cared  for  dur- 
ing the  winter  of  1907-1908,  at  a total  cost  of  $50.  The  total 
cost  of  caring  for  all  main  and  by-roads  which  were  rolled  during 
the  winter  of  1907-1908  was  $125.  In  addition  to  this,  a few 
miles  in  another  part  of  the  town  were  plowed  and  shoveled,  the 
expense  per  mile  being  about  double  that  of  those  rolled.  This 
town  was  visited  on  January  6,  1909,  that  being  the  third  day 
of  the  thaw. 

The  inspector  says : “ I drove  to  Harriettstown  from  Lake 

Clear,  the  first  part  of  the  way  being  through  open  country  — 
level  and  no  fences.  For  two  or  three  miles  from  Lake  Clear  the 


Side  View  of  a Snow  Packer. 


LIBRARY 

OF  1HE 

UNlVFfWTY  O*  lU'NOtS. 

87 


snow  at  either  side  of  the  track  and  in  the  adjacent  fields  was 
practically  all  gone,  but  in  the  track,  which  had  been  rolled,  the 
sleighing  was  good.  This,  I think,  shows  that  the  claim  made 
by  advocates  of  rolling,  that  compacting  the  snow  prevents  its 
melting  as  rapidly,  is  proven.  Nearing  Harriettstown  I passed 
over  drifts  in  which  the  snow  was  from  three  feet  to  four  feet 
deep  in  the  track.  This  section  showed  some  signs  of  softness, 
but  not  to  any  dangerous  or  disagreeable  extent,  and  proves,  I 
think,  the  superiority  of  the  heavy  roller  which,  by  reason  of  its 
greater  weight,  leaves  the  snow  in  so  much  harder  and  unyielding 
condition.” 

* 

He  states  that  Mr.  Whitman  says,  as  do  all  of  the  other  town 
superintendents  whom  he  has  seen,  that  rolling  preserves  the  snow 
in  thin  places  to  the  latest  possible  date,  and  serves  an  important 
purpose,  as  it  makes  it  possible  to  move  loads  on  sleighs  continu- 
ously very  close  to  the  time  of  wagoning. 

Town  of  Duane,  Franklin  County,  Mr.  Clinton  Ladd,  Town 
Superintendent,  postoffice  address,  Duane,  N.  Y. 

The  winter  of  1907-1908  was  the  first  in  which  this  town  rolled 
snow.  In  that  winter  one  roller  was  used,  that  being  a home- 
made wooden  roller,  five  feet  in  diameter,  twelve  feet  long,  and 
in  two  sections.  This  winter  they  are  using  three  rollers  of 
similar  pattern  to  the  first,  but  Mr.  Ladd  thinks  that  rollers  ten 
feet  in  length  would  be  preferable  on  many  roads,  as  a ten-foot 
track  is  sufficient  to  accommodate  ordinary  conditions  of  travel 
and  less  trouble  is  experienced  in  getting  a ten-foot  roller  through 
narrow  roads  and  between  the  rails  of  narrow  bridges. 

Previous  to  1907-1908  the  roads  were  plowed  and  shoveled, 
but  as  the  town  was  then  under  the  labor  system  comparative 
figures  of  cost  could  not  be  given.  During  the  winter  of  1907- 
1908  ten  miles  of  road  through  open  country,  which  drifted  badly, 
were  rolled  regularly  and  were  kept  in  good  condition  throughout 
the  entire  winter  for  a total  cost  of  $55. 

In  one  section  of  the  town,  during  the  winter  of  1907-1908, 
three  miles  of  road  were  kept  open  by  plowing,  at  an  expense  of 
a little  over  $30.  Five  miles  of  the  same  road  immediately 
adjoining  and  of  similar  character  were  rolled  and  kept  in  better 
condition  than  that  which  was  plowed,  at  an  expense  of  $28. 

Here  is  an  excellent  instance  of  comparative  cost,  as  conditions 
were  identical: 

Plowing  and  shoveling  for  the  entire  winter  cost  $10  per  mile. 
Polling  for  the  entire  winter  cost  $5.60  per  mile,  and  a better 
track  was  maintained  by  rolling  than  by  plowing  and  shoveling. 


88 


Some  of  the  roads  in  this  town  drift  very  badly  and  Mr.  Ladd 
stated  that  it  often  happens  that  after  a hard  blow  places  are 
found  where  it  is  impossible  to  drive  through  with  the  roller. 
In  such  cases  the  teams  are  unhitched  and  driven  through  empty, 
thus  making  a path  through  which  they  can  pass  when  hitched  to 
the  roller.  Sometimes  places  are  found  where  it  is  impossible 
to  get  a horse  through,  even  when  unhitched,  and  in  such  case  a 
track  is  first  wallowed  out  by  the  men  or  broken  out  by  other 
means. 

The  same  statement  in  regard  to  rolling  having  the  effect  of 
preserving  the  snow  in  thin  places  is  made  by  Mr.  Ladd  as  by 
other  town  superintendents  whom  I have  seen.  That  the  town 
officials  and  citizens  of  Duane  are  pleased  with  the  system  is 
best  evidenced  by  the  fact  that  this  winter  they  are  using  three 
snow  rollers,  whereas  they  had  hut  one  last  winter. 

The  inspector  in  his  report  states  that  he  “ talked  with  several 
mail  carriers  who  handle  mail  from  railroad  points  to  inland 
towns,  hack  in  the  mountains,  and  all  are  enthusiastic  in  praise 
of  the  system  of  rolling  as  against  any  other  which  has  been  prac- 
tised in  this  region.” 

Town  of  Brighton,  Franklin  County,  Mr.  B.  A.  Muncil,  Town 
Superintendent,  postoffice  address,  Paul  Smith’s,  N.  Y. 

The  town  of  Brighton  has  practiced  snow  rolling  for  five  years, 
the  rollers  used  being  ordinary  wooden  rollers,  five  feet  in  di- 
ameter, one  of  eight  and  one  of  ten  feet  in  length. 

All  of  the  main  roads  in  the  town  are  rolled,  the  cost  for  five 
years  being  an  average  of  a trifle  over  $5  per  mile. 

Previous  to  beginning  the  practice  of  rolling,  this  town,  in  com- 
mon with  others  in  Franklin  county,  used  plows  and  shovels. 
Since  beginning  the  rolling  they  have  not  used  them  at  all.  In 
the  winter  of  1905-1906  an  implement  was  put  in  use  on  the  roads 
of  this  town  known  as  the  “ snow  packer,”  the  principle  of  oper- 
ation being  similar  to  that  of  a stone  boat.  For  the  three  years 
last  past,  nine  miles  of  road  in  the  town  were  kept  in  order  by 
the  use  of  these  packers.  The  results  are  very  satisfactory,  the 
cost  per  mile  being  a little  less  than  that  of  the  roller. 

Town  of  Highmarket,  Lewis  County,  Mr.  Anthony  Dolan, 
Town  Superintendent,  postoffice  address,  Const ableville,  N.  Y. 

This  town  has  practiced  rolling  snow  for  three  years,  this  winter 
being  the  fourth.  The  practice  was  begun  by  volunteer  work  on 


89 


the  part  of  several  farmers  and  teamsters  in  different  parts  of  the 
town,  who  obtained  their  ideas  of  the  benefits  of  the  system  from 
some  of  the  towns  in  Franklin  county  and  also  in  Vermont. 

No  money  from  town  funds  has  been  paid  for  the  work  during 
those  three  years.  Previous  to  the  beginning  of  rolling  the  work 
has  been  done  by  plowing  and  shoveling.  The  results  of  the  ex- 
periment in  rolling  were  so  satisfactory  that  the  practice  was 
enlarged  until  it  covered  practically  the  whole  town.  The  town 
is  now  divided  into  snow  districts,  each  being  in  charge  of  a man 
who  contracts  to  keep  his  “ beat  ” or  district  rolled  for  an  agreed 
price  for  the  winter,  the  price  for  this  winter  being  $6  per  mile. 
Sixteen  rollers  are  in  use  and  about  forty  miles  of  road  are  being 
regularly  rolled.  This  comprises  all  of  the  important  roads  in  the 
town,  the  balance  being  cross-roads  and  branches  of  minor 
importance. 

Several  of  the  roads  being  rolled  are  rural  free  delivery  routes, 
and,  so  far,  no  trouble  has  been  experienced  in  maintaining  the 
regular  service. 

In  the  winter  of  1907-1908  the  rural  free  delivery  carrier  on 
Route  No.  1 out  of  Constableville  missed  no  trips  on  account  of 
snow  blockades.  Route  No.  1 lies  mainly  in  the  eastern  part  of 
the  town  and  is  twenty-five  miles  in  length. 

Route  No.  2 crosses  the  town  of  Highmarket  and  goes  a short 
distance  into  the  town  of  Lewis,  returning  through  Highmarket, 
and  is  twenty-five  miles  long.  This  is  a bad  route  and  runs 
through  some  of  the  most  difficult  portions  of  the  town,  deep  snow 
and  bad  drifts  prevailing  over  the  major  portion.  The  carrier  on 
this  route  missed  two  trips  in  the  winter  of  1907-1908,  these  being 
on  days  when  blizzards  prevailed,  and  it  was  impossible  to  work 
teams  on  the  rollers  while  the  storm  was  raging.  As  soon  as  the 
blow  was  over,  the  rollers  were  started  and  the  roads  immediately 
opened.  The  system  is  so  well  thought  of  that  the  farmers  and 
teamsters  and  lumbermen  have  voluntarily  built  all  the  rollers  now 
in  use,  so  when  the  town  assumed  the  expense,  the  rollers  were 
already  on  the  ground  and  the  town  owns  no  rollers  at  all. 

The  inspector  states  that  he  talked  with  several  lumbermen  and 
liverymen,  and  with  the  local  physician  at  Constableville,  and 
they  unite  in  the  opinion  that  it  is  the  only  way  to  deal  with  the 
snow  problem.  The  liverymen  at  Constableville  are  so  much 
pleased  that  they  are  donating  the  service  of  a man  and  team  from 
each  stable  after  every  snowfall  to  the  town  of  West  Turin,  which 
has  begun  the  practice  this  winter  and  is  carrying  it  out  mainly 
by  volunteer  work. 


90 


He  also  states  tie  drove  from  Lyons  Falls  to  the  village  of  Con- 
stableville  on  Monday,  January  25th,  and  one  feature  of  rolling 
which  he  mentioned  in  former  reports  was  amply  confirmed ; that 
is,  the  effect  of  rolling  in  preserving  the  snow  in  thin  places  during 
a thaw.  The  track  for  quite  a distance  out  of  Lyons  Falls  showed 
very  plainly  that,  except  for  rolling,  it  would  have  been  absolutely 
bare.  The  snow  at  the  roadsides  and  in  adjacent  fields  was  en- 
tirely gone.  The  liveryman  at  Lyons  Falls  who  drove  to-  Con- 
stablevi-lle  on  Monday  afternoon  was  loud  in  his  praise  of  the 
system,  and  said  that  the  lumber  company  that  is  carrying  on 
large  operations  in  the  country  to  the  southeast  of  Lyons  Falls 
is  using  rollers  this  winter  on  its  logging  roads. 

The  rollers  in  use  in  Highmarket  are  of  various  sizes,  ranging 
from  three  feet  to  five  feet  in  diameter  and  from  six  to  ten  feet 
in  length. 

With  rollers  of  six  feet  and  eight  feet  in  length,  the  common 
practice  is  to  drive  the  “ near  ” horse  in  the  “ off  ” track  going 
out,  or  vice  versa,  and  the  same  coming  back,  thus  rolling  a track 
about  twelve  feet  wide  with  an  eight  foot  roller  and  fourteen  feet 
with  a ten  foot  roller.  Experience  has  demonstrated  that  the 
ten  foot  roller,  made  in  two  parts,  is  preferable  for  the  majority 
of  roads. 

The  following  is  a copy  of  a letter  which  explains  itself : 

“ Jeffersonville,  FT.  Y.,  Feb.  6,  1909. 

“ Mr.  S.  Percy  Hooker,  Chairman,  Albany , N.  Y.: 

“ My  Dear  Sir. — I did  not  reach  home  until  last  evening  and 
consequently  have  been  unable  to  procure  the  figures  on  snow 
shoveling.  However,  I will  state  that  there  can  be  no  fair  com- 
parison between  the  cost  of  shoveling  the  snow  and  rolling  it,  for 
the  reason  that  the  actual  results  cannot  be  accurately  measured 
and  are  entirely  in  favor  of  rolling. 

“ During  the  past  two  winters  we  have  stored  a roller  on  the 
apex  of  a hill  dividing  the  two  valleys  which  run  through  our 
town,  and  after  a snow  fall,  or  wind  storm  if  there  is  snow  on 
the  ground,  a party  living  at  that  point  takes  his  team  and  rolls 
the  roads ; four  roads  meet  at  this  point  and  it  is  down  hill  in  each 
direction.  After  making  a trip  down  one  road  it  will  be  easy  for 
him  to  get  back,  procuring  an  additional  team  if  necessary,  and 
then  he  can  roll  down  another  road  and  thus  continue  until  the 
roads  are  all  opened. 

“ I presume  that  in  almost  all  the  towns  a number  of  these 
advantageous  points  can  be  selected  from  which  to  begin  operations. 


A Snow  Packer  in  Use. 


LIBRARY 
01  THE 
O'  1 


91 


“ The  old  method  of  shoveling  snow  where  it  was  too  deep  or 
where  it  had  drifted  in  is  really  only  a temporary  relief,  frequently 
not  lasting  until  the  return  trip  of  the  party  doing  the  work;  at 
the  same  time  it  is  the  means  of  erecting  insurmountable  barriers 
on  either  side  of  the  road. 

“ It  would  be  only  a waste  of  time  to  dwell  upon  the  many 
advantages  of  rolling,  for  its  producing  a solider  and  wider  road- 
bed, a longer  continuance  of  sleighing,  a better  protection  of  the 
roadbed,  thereby  reducing  the  amount  of  wash  and  a nonerection 
of  banks  on  each  side  of  the  road  to  catch  more  snow,  must  be 
apparent  to  all. 

“ The  system  of  shoveling  is  ancient  and  should  be  prohibited 
except  where  absolutely  necessary. 

“ I would  suggest  that  you  make  experiments  as  to  weight,  size 
and  construction  of  a roller  best  adapted  to  the'  various  kinds  of 
road  as  found  in  the  different  sections  of  the  State  and  report  your 
findings,  together  with  the  recommendation  that  only  such  rollers 
be  purchased  as  the  report  shows  are  adaptable. 

“ There  will  be  many  of  these  rollers  purchased  in  the  near 
future  and  it  will  be  much  cheaper  for  your  department  to  in- 
vestigate the  matter  thoroughly  than  to  have  each  town  determine 
what  is  best  experimenting  itself. 

“ Yours  very  truly, 

“( Signed)  V.  SCHEIDELL” 

From  the  above  information,  the  results  obtained  by  the  prac- 
tice of  rolling  snow  is  of  much  interest  to  the  towns  in  central 
and  southern  New  York,  and  seems  to  have  clearly  proven  the  fact 
that  rolling  preserves  the  snow  and  maintains  an  excellent  track. 
This  is  an  important  consideration  in  towns  where  the  condition 
frequently  occurs,  that  the  valley  roads  and  the  roads  improved  by 
the  State  are  so  nearly  bare  of  snow  as  to  make  the  hauling  of 
loads  impossible,  while  the  hill  roads  immediately  adjacent  are  yet 
so  full  of  snow  as  to  prevent  the  use  of  wagons.  Rolling  in  towns 
where  these  conditions  occur  would  preserve  the  snow  track  to  the 
latest  possible  date.  In  a majority  of  seasons  it  would  be  possible 
to  hold  the  sleighing  on  the  valley  roads  and  on  the  roads  improved 
by  the  State  until  the  thaw  has  so  reduced  the  snow  on  the  hill 
roads  that  they  might  easily  be  opened  to  admit  the  passage  of 
wagons  all  the  way. 

Another  good  effect  would  be  the  preservation  of  a snow  and  ice 
coating  on  roads  either  macadam  or  dirt  to  the  latest  possible 


92 


date,  thereby  doing  away  in  a measure  with  the  softening  effect  of 
alternate  freezing  and  thawing. 

It  is  an  easy  matter  for  towns  in  the  central  and  southern 
portions  of  the  State  to  make  experiments  of  this  character  by 
using  the  ordinary  land  roller,  provided  they  did  not  care  to  con- 
struct one  in  accordance  with  the  plan  herein  contained.  These 
rollers,  while  not  producing  as  good  results  as  those  which  are 
larger  and  heavier,  would  at  least  serve  for  experimental  purposes 
along  this  line  in  those  counties,  and  it  would  easily  demonstrate 
whether  the  system  would  be  productive  of  results  in  those  locali- 
ties which  would  warrant  the  expense  of  larger  and  heavier  rollers. 


Snow  Roller  in  Use. 


UHPA8Y 
0»  l HE 

UNIV£Kt>fT  y or  iluNOIS. 


INVENTORY  AND  STORAGE  OF  TOOLS, 
IMPLEMENTS  AND  MACHINERY. 


As  required  by  law  the  town  superintendent  must  annually 
make  an  inventory  of  all  tools,  implements  and  machinery  owned 
or  leased  and  in  the  possession  of  the  town,  and  provide  a suitable 
place  for  housing  and  storing  the  same.  If  the  town  boards  fail  to 
provide  tool  and  machinery  houses  for  such  specific  purpose,  the 
town  superintendent  must  either  rent  or  provide  in  some  other 
way  for  suitable  storage.  Any  expense  that  the  town  superin- 
tendent may  be  called  upon  to  incur  in  complying  with  the  pro- 
vision of  law  in  this  respect  is  a town  charge  and  if  there  is  any 
disposition  on  the  part  of  the  town  board  to  fail  to  provide  funds 
for  payment  therefor  there  is  no  question  that  the  bills  thus  in- 
curred are  legitimate  and  can  be  collected  by  due  process  of  law. 


03 


INJURIES  TO  HIGHWAYS  AND  BRIDGES. 


In  every  community  there  is  a class  of  people  who  have  no  re- 
gard for  the  rights  of  others  and  the  sooner  drastic  steps  are  taken 
by  State,  county  or  town  officials  in  giving  such  individuals  to 
understand  that  the  people’s  rights  must  be  protected,  the  better 
it  is  in  every  case  for  all  concerned.  Complaints  have  been  re- 
ceived from  nearly  every  section  of  the  State  to  the  effect  that 
either  individuals  or  corporations  were  abusing  their  privilege  of 
the  use  of  the  highway.  This  more  particularly  applies  to  the 
use  of  extremely  heavy  motor-drawn  vehicles  and  unreasonably 
heavy  loads  upon  narrow  ties. 

It  is  reasonable  to  presume  that  the  surface  of  a road  should 
be  of  such  nature  or  character  that  it  will  stand  a pressure  of  from 
250  to  300  pounds  to  the  lineal  inch  and  it  is  also  as  reasonable 
to  presume  that  any  load  drawn  or  propelled  over  the  highway 
and  bridges  of  sufficient  weight  to  produce  a pressure  much  in  ex- 
cess of  this  is  excessive  and  destructive.  To  illustrate,  an  ordinary 
wagon  with  four-inch  tires,  carrying  two  tons,  would  produce  a 
lineal  inch  pressure  of  250  pounds  without  taking  into  considera- 
tion the  weight  of  the  wagon. 

With  a generally  improved  condition  of  the  public  thorough- 
fares of  the  State,  either  town,  county  or  State  highways,  the 
honest  and  considerate  user  of  the  same  will  not  presume  and 
others  should  not  be  allowed  to  exceed  these  limits.  It  is  pro- 
vided by  section  78  of  chapter  16,  constituting  chapter  11  of  the 
Consolidated  Laws,  that  the  board  of  supervisors  may  enact  local 
and  private  laws  regulating  the  width  of  tires  used  on  vehicles 
built  to  carry  a weight  of  1,500  pounds  or  upwards  and  may  pro- 
vide penalties  for  the  violation  thereof. 

Therefore  the  boards  of  supervisors  of  the  respective  counties 
of  the  State  are  urged  to  adopt  a county-wide  tire  act. 

In  one  of  the  counties  of  this  State  the  county  superintendent 
and  his  assistants  made  a careful  estimate  showing  the  misuse 
of  a public  thoroughfare  within  that  county  by  the  user  of  a 


Monroe  County. — Paving  of  McClintock’s  cubes. 


iWW 

of 


o* 


*<MS. 


95 


traction  engine  and  after  thoroughly  investigating  and  making 
a careful  estimate  of  the  damage  done  by  this  one  piece  of  machin- 
ery, it  was  shown  that  one  trip  through  the  town  in  the  county 
in  question  the  damage  to  the  main  public  thoroughfare  was  more 
than  enough  to  pay  for  the  engine  itself. 

Individuals  who  are  using  traction  engines  for  the  purpose 
of  hauling  loads  of  various  character  and  description  should  be 
given  to  understand  that  there  is  a limit  beyond  which  they  should 
not  go.  This  will  apply  not  only  to  the  quarry  men,  to  the  thresher, 
but  particularly  to  contractors  who  are  engaged  in  the  construction 
of  State  and  county  roads  and  in  the  destruction  of  town  roads 
by  the  hauling  of  machinery  which  is  in-  frequent  use. 

Tor  the  guidance  of  county  and  town  officials  and 'more  par- 
ticularly for  the  town  superintendents,  particular  attention  is 
called  to  section  330  of  the  Highway  Law  as  amended  by  the 
Legislature  of  1910,  for  the  express  purpose  of  clothing  him  with 
power  to  act  in  cases  of  this  kind.  This  section  of  the  Highway 
Law  reads  as  follows: 

“ Injuries  to  Highways , Whoever  shall  injure  any  highway 
or  bridge  maintained  at  the  public  expense,  by  obstructing  or  di- 
verting any  creek,  water-course  or  sluice,  or  by  dragging  logs  or 
timber  on  its  surface  or  by  drawing  or  propelling  over  the  same 
a load  of  such  weight  as  to  injure  or  destroy  the  culverts  or  bridges 
along  the  same,  or  of  such  weight  that  will  destroy,  break  or  injure 
the  surface  of  any  improved  state,  county  or  town  highway,  or  by 
any  other  act,  or  shall  injure,  deface  or  destroy  any  mile-stone  or 
guide-post  erected  on  any  highway,  shall  for  every  such  offense 
forfeit  treble  damages.” 

The  town  superintendent  would  undoubtedly  be  negligent  in 
his  duty  as  such  if  he  did  not  attempt  to  enforce  the  provisions  of 
the  above  section  and  in  fact  the  law  is  explicit  on  that  point. 
Subdivision  1 of  section  47  provides,  that  the  town  superintendent 
shall  have  care  and  superintendence  of  the  highways  and  bridges 
in  the  town.  Subdivision  12  provides,  that  he  shall  collect  pen- 
alties prescribed  by  this  chapter,  and  section  73  provides,  that  the 
town  superintendent  shall  bring  an  action  in  the  name  of  the 
town  against  any  person  or  corporation  to  sustain  the  rights  of  the 
public  in  and  to  any  highway  in  the  town  and  to  enforce  the  per- 
formance of  any  duty  enjoined  upon  any  person  or  corporation  in 
relation  thereto  and  to  recover  any  damages  sustained  or  suffered 
or  expenses  incurred  by  such  town  in  consequence  of  any  act  or 
omission  of  any  such  person  or  corporation  in  violation  of  any 


96 


law  or  contract  in  relation  to  such  highway.  It,  therefore,  appears 
that  the  town  superintendent  is  not  only  clothed  with  proper 
authority  to  enforce  the  law  but  the  law  is  specific  in  that  it  is 
mandatory  and  the  town  superintendent  must  perform  his  duty 
in  this  respect. 

It  would  seem  after  studying  this  question  carefully  that  the 
easier  and  better  course  of  procedure  on  the  part  of  a town  super- 
intendent where  highways,  culverts  or  bridges  are  injured  within 
the  meaning  of  section  330  of  the  Highway  Law,  would  be  that  he 
should  first  attempt  to  effect  an  amicable  settlement  with  the 
offender  and  failing  to  effect  such  settlement  he  is  certainly  clothed 
with  the  authority,  and  it  is  his  duty,  to  repair  such  damage,  keep- 
ing an  accurate  account  thereof  and  then  to  commence  an  action 
against  the  offender  in  the  name  of  the  town  for  treble  the  amount. 


Monroe  County. — Superintendent  McClintock’s  cube  factory. 


is?'£  ^ 

- 

he 

V 


CULTIVATION  OF  CROPS  WITHIN  THE  BOUNDS 
OF  THE  HIGHWAY. 


It  is  a common  practice  in  many  towns  of  the  State  for  the 
owners  or  occupants  of  property  to  plow  or  cultivate  lands  within 
the  bounds  of  the  public  highway.  Practices  of  this  kind  should 
be  encouraged  to  the  extent  that  it  may  ultimately  result  in  clear- 
ing the  highway  of  weeds  and  brush  and  seeding  the  same  in  order 
that  its  general  appearance  may  be  beautified,  thus  giving  an  im- 
pression of  care,  thrift  and  prosperity.  County  and  town  super- 
intendents could  occasionally  employ  their  time  to  no  better  ad- 
vantage than  by  calling  the  attention  of  owners  or  occupants  to 
the  fact  that  if  they  will  take  the  pains  to  cultivate  the  land  within 
the  bounds  of  the  highway  and  seed  the  same  they  themselves  will 
ultimately  profit  by  such  a course,  not  only  by  being  able  to  secure 
a direct  revenue  from  it  but  by  putting  themselves  in  such  a 
position  that  they  will  not  he  called  upon  as  required  by  law  to 
cut  and  remove  noxious  weeds,  briers  and  brush  during  the  months 
of  June  and  August. 

Owners  or  occupants  of  lands  in  many  instances  in  many  towns 
have  abused  their  rights  under  the  law  and  even  have  gone  so 
far  as  to  violate  the  law  in  that  in  the  cultivation  of  such  lands 
they  have  been  careless  and  negligent  by  plowing  into  and  through 
the  ditches,  thus  obstructing  the  natural  water  courses,  and  also 
by  seriously  interfering  with  the  town  superintendent  or  his  em- 
ployees in  the  proper  maintenance  and  care  of  the  public  highways. 
Generally  speaking,  a friendly  word  of  caution  or  a little  care  on 
the  part  of  the  town  superintendent  in  a courteous  way  informing 
such  owner  or  occupant  as  to  his  rights  and  the  application  of  the 
Highway  Law,  will  produce  the  desired  result. 

The  farmer  who  is  desirous  of  improving  and  beautifying  his 
property,  provided  he  has  been  informed  by  the  town  superin- 
tendent as  to  his  rights  and  duties,  will  not  assume  to  perform 
work  of  this  character  in  violation  of  the  spirit  and  intent  of  the 
law,  and  the  careless,  shiftless  or  wilful  owner  or  occupant  who 
has  no  desire  to  be  a law-abiding  citizen  and  no  respect  for  the 


7 


97 


98 


rights  of  others,  must  not  be  permitted  to  violate  the  law  by 
obstructing  ditches  in  this  way  or  by  any  other  act,  such  as  piling 
logs,  lumber  or  wood,  or  placing  other  obstructions  within  the 
bounds  of  the  highway.  Whenever  a town  superintendent  finds  a 
ditch  filled  up  by  plowing  or  otherwise  he  is  directed  by  the  rules 
and  regulations  of  the  Commission,  and  not  only  that  but  it  is 
his  duty  as  prescribed  by  law,  to  cause  the  removal  of  such  ob- 
struction. A careful  and  conscientious  town  superintendent  would 
first  undertake  to  amicably  settle  questions  of  this  character  but 
whenever  or  wherever  he  finds  that  he  cannot  persuade  the  owner 
or  occupant  to  perform  his  duty  by  removing  such  obstruction 
it  is  the  duty  of  the  town  superintendent  to  cause  work  of  this 
character  to  be  performed,  keep  a careful  account  of  the  cost 
thereof  and  to  commence  an  action  in  the  name  of  the  town  against 
such  owner  or  occupant  for  three  times  the  cost  thereof. 

In  the  cultivation  of  land  within  the  bounds  of  the  highway 
the  owner  or  occupant  would  have  no  authority  or  right  by  law 
to  plant  any  kind  of  a crop  or  to  grow  anything  that  will  in  any 
way  interfere  with  the  rights  of  the  traveling  public  in  the  use 
thereof. 


Franklin  County. — Town  of  Franklin.  Crushed  stone  road  one  mile  in  length  built  by  town  superintendent 
in  three  courses,  rolled  separately.  Metal,  12  feet  wide,  10  inches  to  14  inches  deep.  Cost  $2,800  including  rental 
of  crusher  and  roller.  Location  so  stony  that  greater  part  of  shaping  was  necessarily  done  by  hand. 


LIBRARY 
Of  THE 

UNIVERSITY  Of  lU’NOIS. 


COMPLAINTS. 


A more  active  interest  in  the  condition  of  the  highways  on  the 
part  of  residents  of  the  towns  and  users  of  the  public  thorough- 
fares would  be  appreciated  by  the  Commission.  All  complaints 
or  letters  containing  information  should  be  addressed  to  the 
Bureau  of  Town  Highways,  Albany,  Hew  York,  and  upon  receipt 
of  any  reasonable  complaint  immediate  steps  will  be  taken  to 
investigate  the  matter  and  if  found  to  be  justified,  steps  taken  for 
the  correction  of  the  same.  People  are  requested  to  commend  or 
criticize  such  features  of  the  town  highway  work  as  they  may 
consider  deserving  of  either. 


99 


AGREEMENTS. 


r 


The  town  board  and  the  town  superintendent  constitutes  a 
board  for  the  purpose  of  determining  the  places  where  and  the 
manner  in  which  highway  moneys  shall  be  expended,  thus  calling 
for  an  agreement  to  be  entered  into  by  and  between  the  town  board 
and  the  town  superintendent,  and  the  agreement  entered  into  by 
this  board  must  be  approved  by  the  Commission  before  the  same 
shall  take  effect.  Unquestionably  the  intent  of  the  law  wherein 
it  provides  that  the  agreement  shall  be  approved  by  the  Commis- 
sion before  the  same  shall  take  effect,  was  for  the  express  purpose 
of  precluding  the  possibility  of  expenditure  of  highway  funds 
except  in  the  line  of  good  practices  and  in  the  general  interests 
of  the  people  of  the  respective  towns  of  the  State.  Unless  the 
agreement  be  approved  by  the  Commission  it  naturally  and  neces- 
sarily would  be  inoperative.  Section  15  of  the  Highway  Law, 
which  defines  the  general  powers  and  duties  of  the  Commission, 
provides  that  it  shall  have  general  supervision  of  all  highways 
and  bridges  which  are  constructed,  improved  or  maintained  in 
whole  or  in  part  by  the  aid  of  State  moneys.  It  also  provides  that 
the  Commission  shall  prescribe  rules  and  regulations  not  incon- 
sistent with  law;  that  it  shall  compel  compliance  with  laws,  rules 
and  regulations  relating  to  such  highways  and  bridges  by  highway 
officers,  and  see  that  the  same  are  carried  into  full  force  and  effect. 
It  is,  therefore,  unquestionably  the  bounden  duty  of  the  State 
Highway  Commission  to  carefully  scrutinize  such  agreements  and 
wherever  or  whenever  it  is  apparent  that  the  agreement  has  not 
been  carefully  entered  into  or  that  any  portion  of  the  same  calls 
for  an  unwarranted  expenditure  of  funds  or  for  a special  kind 
of  improvement  that  is  not  to  the  common  interest  of  the  tax- 
payers, it  is  then  the  duty  of  the  Commission  to  disapprove  of 
such  agreement  and  to  insist  that  a proper  agreement  be  entered 
into. 

Section  33  of  the  Highway  Law  provides  that  the  county  super- 
intendent shall  have  general  charge  of  all  highways  and  bridges 


100 


101 


within  his  district  or  county  and  see  that  the  same  are  improved, 
repaired  and  maintained  as  provided  by  law  and  have  the  general 
supervision  of  the  work  of  constructing,  improving  and  repairing 
bridges  and  town  highways  in  his  county.  Owing  to  the  fact  that 
the  county  superintendent  is  to  have  general  supervision  of  the 
public  highways  and  is  by  law  subject  to  the  rules  and  regulations 
of  the  Commission,  it  has  been  deemed  proper  that  all  agreements 
entered  into  shall  be  first  transmitted  to  the  county  superintendent 
for  his  approval  or  criticism  as  the  case  may  be,  before  the  same 
shall  have  been  forwarded  to  the  Commission  for  final  approval. 
The  county  superintendents  are,  therefore,  particularly  urged  to 
carefully  scrutinize  these  agreements  and  in  transmitting  the 
same  to  the  Commission  to  he  careful  to  call  attention  to  any  con- 
dition that  may  exist  therein  which  to  their  minds  might  not  he 
deemed  proper. 

Better  still  it  is  suggested  that  all  county  superintendents  fol- 
low the  example  which  has  been  set  in  a number  of  counties  by 
meeting  with  the  town  board  at  the  time  of  entering  into  an  agree- 
ment in  order  that  they  may  be  able  to  offer  proper  suggestions 
and  to  aid  and  assist  the  town  board  in  formulating  an  agreement 
which  shall  be  to  the  best  interests  of  all. 

It  might  be  well  to  call  attention  to  some  conditions  which  have 
heretofore  existed  but  which  hereafter  will  not  be  permitted. 
Complaints  have  been  made  that  in  some  towns  the  board  met 
and  entered  into  an  agreement  providing  for  extraordinary  out- 
lays in  the  immediate  locality  of  various  members  of  the  town 
board,  such  as  gravel  roads  or  crushed  stone  roads,  putting  a patch 
here  and  a patch  there  for  the  purpose  of  pleasing  some  town 
officer  or  some  prominent  town  resident,  and  that  the  roads  gen- 
erally in  such  town  are  neglected,  and  necessarily  so  because  of 
the  lack  of  funds  to  carry  on  comprehensive  work  in  the  interests 
of  the  whole  town.  Complaints  have  also  been  entered  where  the 
agreements  have  provided  for  the  construction  of  stone  or  maca- 
dam town  roads  in  short  patches  or  stretches  involving  an  expendi- 
ture of  small  amounts  of  money,  thus  necessitating  the  taking 
down,  transporting  and  setting  up  of  crushing  plants,  causing  a 
waste  in  some  instances  of  at  least  one-half  of  the  revenue  set 
aside  for  such  specific  purposes.  Such  practices  as  this  will  not 
be  approved.  Town  and  county  officers  are  particularly  requested 


to  cast  aside  all  personalities  and  to  carefully  consider  the  general 
conditions  that  must  be  cared  for,  noting  the  fact  that  all  of  the 
highways  of  each  town  must  have  proper  care  and  attention  to 
such  an  extent  as  the  amount  of  traffic  such  highways  are  called 
upon  to  carry,  demands. 


STONE  CRUSHERS. 


The  provisions  of  section  50  of  the 'Highway  Law  which  relate 
to  the  lease  or  hire  of  steam-rollers,  stone  crushers  and  traction 
engines,  are  for  the  express  purpose  of  encouraging  the  officials  of 
the  town  in  taking  necessary  steps  for  the  purpose  of  providing 
them  with  necessary  machinery  for  town  highway  work.  Under  a 
separate  head  in  this  bulletin  is  found  an  article  which  relates  to 
the  use  of  mechanical  power  for  highway  work,  and  particular  at- 
tention is  called  to  the  subject-matter  therein  contained. 

After  a careful  study  of  the  varied  conditions  which  are  found 
in  the  various  towns  of  the  State,  all  of  which  is  based  on  practi- 
cal experience,  it  is  deemed  best  to  offer  a word  of  caution  to 
town  authorities  in  the  lease  or  purchase,  or  the  operation,  of 
stone  crushers  and  stone  crushing  plants.  It  is  not  the  intention 
of  the  department  to  promulgate  an  inflexible  rule  regarding  the 
same  but  local  town  authorities  should  be  discouraged  in  pursuing 
a practice  which  has  been  very  common,  namely,  in  expending 
money  for  the  purchase  of  crushing  plants  and  in  the  use  of  such 
crushing  plants  for  the  purpose  of  constructing  short  patches  of 
roads,  here  and  there,  which  absolutely  prohibit  comprehensive 
work  or  the  necessary  proper  attention  which  should  be  given 
to  all  of  the  roads  of  the  town.  This  department  is  insistent  in 
urging  such  town  authorities  to  provide  means  so  that  each  and 
every  mile  of  highway  of  the  towns  of  the  State  may  receive  its 
proper  primary  attention. 

By  reference  to  the  subject-matter  contained  in  this  Bulletin 
under  the  head  of  Agreements  it  will  be  noticed  that  the  attitude 
of  the  Commission,  and  perhaps  more  particularly  the  bounden 
duty  of  the  Commission,  in  this  respect  is  fully  set  forth.  There 
are  many  instances  where  nearly  all  of  the  town  highway  funds 
have  been  absorbed  in  an  endeavor  on  the  part  of  the  town  super- 
intendent to  construct  town  macadam  highways  and  in  every  in- 
stance of  this  kind  upon  investigation  it  has  been  found  that  the 
taxpayers  of  the  town  and  the  users  of  the  roads  of  the  town  have 
been  prone  to  make  complaint  criticizing  the  action  of  the  town 


103 


104 


authorities  and  the  town  authorities  themselves  have  not  been  sat- 
isfied with  the  result  of  their  own  efforts. 

Where  mistakes  of  this  character  have  been  made  by  purchasing 
stone  crushers  or  stone  crushing  plants  the  town  authorities  are 
urged  to  discontinue  the  use  of  such  plants  and  not  continue  to  f 

make  mistakes  of  this  character.  In  the  interests  of  economy  the 
town  should  see  that  such  machinery  is  properly  housed  and  cared 
for  until  the  time  arrives  when  such  machinery  can  he  used  to 
advantage  and  this  cannot  he  done  in  any  town  unless  compre- 
hensive work  has  been  performed  to  the  extent  that  the  highways 
of  the  town  at  large  have  received  their  proper  primary  atten- 
tion by  standardizing  as  to  width,  proper  shaping  and  crowning, 
straight  ditch  lines,  substantial  culverts,  drainage,  etc.  There  is 
no  doubt  of  the  practicability  and  economy  of  a town  construct- 
ing macadam  roads  under  proper  circumstances,  and  they  are  «. 

urged  so  to  do,  but  only  when  either  the  town  roads  as  a whole 
have  previously  received  proper  attention  or  the  town  authorities 
provide  in  the  estimate  a fund  sufficiently  great  to  enable  them 
to  carry  on  this  work  in  addition  to  and  independent  of  general 
primary  improvement. 

It  is  a serious  mistake  to  lease,  hire  or  purchase  a stone  crusher 
or  stone  crushing  plant  unless  the  town  is  also  in  possession  of  a 
power  roller  as  macadam  roads  cannot  be  economically  constructed 
without  the  use  of  the  same.  While  crushed  stone  roads  have  been 
built  without  the  use  of  a roller,  depending  upon  the  traffic  to 
compact  the  stone,  it  is  an  expensive  way  of  accomplishing  the 
result  and  one  that  is  exceedingly  annoying  to  travel  for  a period 
of  weeks  and  sometimes  months. 

A town  superintendent  should  not  be  permitted  either  by  the 
consent  of  the  town  board  or  otherwise,  to  undertake  the  construc- 
tion of  a macadam  road  until  the  roadbed  has  been  put  in  proper 
condition  to  receive  the  stone,  proper  permanent  culverts  have  been  4 

constructed,  and  an  ideal  system  of  drainage  established.  Still 
further,  the  patch  work  system  which  has  been  inaugurated  in 
many  towns  must  be  discontinued  and  such  work  when  begun 
should  be  laid  out  on  a plan  so  that  from  year  to  year  it  will  re- 
sult in  a system  of  roads  which  will  be  to  the  benefit  of  the  towns- 
people at  large. 


Onondaga  County. — Macadam  road  built  by  town  superintendent.  Considerable  grading  work  was  done,  grade  being  reduced 
from  15  per  cent,  to  11  per  cent.  Standard  macadam  laid  in  two  courses,  width  16  feet.  Penitentiary  prisoners  were  used  thus 
reducing  cost  about  one-half.  Length  of  improvement,  1,000  feet,  cost  $500. 


lSf$ 

insrt<  of 


of  ^ 


COLLECTION  OF  TAXES  AGAINST  STATE  LANDS. 


As  soon  as  the  collector  receives  his  warrant  he  should  make  out 
the  list  of  taxes  against  State  lands,  as  required  by  law  and  imme- 
diately give  it  to  the  county  treasurer  and  should  not  wait  until 
he  makes  his  return  for  uncollected  taxes.  Promptness  on  the  part 
of  the  collector  in  this  respect  will  enable  the  county  treasurer  to 
secure  from  the  State,  the  money  for  highway  purposes  prior  to 
the  payment  by  the  comptroller  of  the  money  for  return  taxes  in 
August,  or,  in  other  words  will  enable  the  supervisor  of  the  town 
to  be  in  possession  of  the  total  highway  funds  for  highway  pur- 
poses at  the  time  when  highway  moneys  are  needed. 


106 


WIDE  TIRES. 


One  of  the  most  important  factors,  associated  with  the  subject 
of  the  improvement,  maintenance  and  repair  of  the  public  thor- 
oughfares, is  the  width  of  wagon  tires  and  the  shape  and  size  of 
the  wheels.  A vast  amount  of  the  present  wear  and  injury  to  the 
public  thoroughfares  could  be  avoided  provided  that  wide  instead 
of  narrow  tires  be  required  on  wagons  designed  to  carry  heavy 
loads. 

Narrow  tires  have  a much  more  injurious  effect  upon  a road 
than  wide  tires,  because,  in  the  latter  case,  there  is  a distribution 
of  weight  over  a greater  bearing  surface  and  the  pressure,  per 
square  inch  upon  the  surface,  is  reduced.  Wide  tires  do  not 
readily  cut  into  the  roadway  and  form  ruts.  A loaded  wagon,  with 
two-inch  tires  to  support  the  load,  wagon  and  all,  would  have  twice 
the  weight  over  the  bearing  surface,  than  if  the  tires  of  the  wagon 
were  four  inches  wide. 

In  governing  the  use  of  wagons  with  wide  tires  and  in  the  manu- 
facture and  purchase  of  such  wagons,  consideration  should  be  given 
not  merely  to  the  strength  of  the  wagon  and  its  loads,  but  also 
to  the  strength  of  the  road  to  be  traveled.  Wide  tires  do  not  as 
readily  cut  into  the  roadway  and  form  ruts.  They  act  as  rollers 
and  tend  to  compact  the  roadway.  Narrow  tires  are  road  de- 
stroyers. Wide  tires  are  road  builders. 

Small  wheels  are  also  much  more  injurious  than  large  ones, 
because  the  greater  the  diameter  the  greater  the  surface  over  which 
the  weight  is  distributed.  It  is  also1  well  to  state  that  vehicles  with 
springs  have  a much  less  injurious  effect  upon  a roadway. 

As  to  the  desirability  of  the  use  of  wide  tires  there  can  be  no 
question.  The  most  casual  observation  will  suffice  to  convince  any 
one  of  the  damage  of  a heavily  laden  wagon  equipped  with  the 
ordinary  narrow,  sharp,  rounded  tires  will  produce.  There  is  also 
another,  and  perhaps  even  greater  advantage  to  be  gained  by  their 
use,  namely,  the  increased  hauling  capacity  attained.  Tests  have 
been  made  from  time  to  time,  of  the  effect,  not  merely  on  the  road, 
but  also  on  the  pull  or  power  required  to  move  the  load. 


106 


Onondaga  County. — Concrete  culvert  on  road  shown  on  cut  facing  page  104.  The  first  attempt  at  concrete  construction  by  this 
town  superintendent.  Length,  18  feet  between  walls,  opening  2 feet  by  2 feet,  sidewalls  16  inches  thick,  total  cost,  $35. 


107 


A very  interesting  bulletin  (No.  12)  has  been  issued  by  the 
United  States  Department  of  Agriculture,  giving  a synopsis  of  the 
laws  of  various  States  in  the  Union  and  in  foreign  countries  in 
relation  to  the  use  of  wide  tires,  together  with  detailed  descriptions 
of  thorough  tests  which  have  been  made  and  the  results  thereof. 
These  tests  prove  conclusively  the  advantage  of  wide  tires  to  the 
general  public,  as  a road  improver,  and  to  the  individual  users  as 
a money  saver.  It  requires  no  complicated  mathematics  to  figure 
out  the  benefits  derived  from  the  use  of  a vehicle  capable  of  carry- 
ing on  macadam  roads  2,500  pounds  as  against  2,000  pounds;  on 
gravel  roads,  2,482  pounds  as  against  2,000  pounds,  and  on  dry 
dirt  roads,  2,500  pounds  as  against  2,000  pounds;  while  on  clay 
roads,  with  deep  mud,  slightly  dry  on  top,  a large  number  of  tests 
showed  an  average  of  3,200  pounds  for  the  wide  tired  vehicles  as 
against  2,000  pounds  for  the  narrow  tired. 

An  instructive  paper  (Bulletin  No.  39),  issued  by  the  Agricul- 
tural Experiment  Station  of  the  University  of  the  State  of 
Missouri,  at  Columbia,  Mo.,  contains  a very  exhaustive  discussion 
of  the  influence  of  the  width  of  tires  on  draft  of  wagon,  with 
details  of  tests  in  all  descriptions  of  roads,  on  meadows,  pastures,' 
stubble  and  plowed  lands,  with  cuts  showing  the  roads  as  they 
appeared  after  the  tests  were  made,  and  giving  as  a conclusion  an 
advantage  varying  with  the  different  conditions  of  from  17  to  120 
per  cent,  in  favor  of  wide  tires. 

Of  the  many  tests  which  have  been  made  to  establish  the  claims 
in  favor  of  wide  tires  as  against  the  narrow  ones,  a few  of  the 
results  are  given  as  stated  in  Bulletin  12  of  the  United  States 
Department  of  Agriculture,  by  General  Roy  Stone.  In  Utah,  at 
the  experiment  station,  it  was  shown  that  a given  load  on  D/^-inch 
tire,  pulled  40  per  cent,  heavier  than  when  on  a 3-inch  tire,  the 
test  being  made  on  grass  sod.  On  a moist,  but  hard  road,  the  per- 
centage was  12  7/10  in  favor  of  the  3-inch  tire.  In  Ohio,  a wide 
tire  test  was  made  in  the  State  University.  An  ordinary  wagon, 
with  new  3-inch  tire,  was  loaded  with  two  long  tons  (4,480 
pounds),  and  the  draft  measured  by  a dynamometer.  On  an  or- 
dinary earth  road,  in  good  condition  and  hard,  the  draft  was  254 
pounds.  On  a grass  field  it  was  468  pounds.  On  a newly  plowed 
field  it  was  771  pounds.  As  150  pounds  is  the  draft  of  an  ordinary 
horse  of  1,0 0:0  pounds,  two  horses  could  draw  this  load  with  ease  on 
an  ordinary  road,  and  a ton  and  one-half  on  grass  sod;  while 
with  a narrow  tire  one-half  as  much  or  a single  ton  is  a full  load 


108 


for  a double  team.  Besides  this,  the  broad  tires  roll  and  level  the 
road  so  that  the  more  they  are  used  the  better  the  road  becomes, 
while  narrow  tires  cut  it  into  ruts. 

Professor  Sanborn,  of  the  Missouri  Agricultural  College  tried 
the  same  experiment  with  wagons  having  tires  of  different  widths, 
using  a Baldwin  dynamometer.  The  weight  of  the  loads  drawn 
was  3,665  pounds  each.  The  tires  were  1%  inches  and  3 inches, 
respectively.  The  tests  were  made  on  blue  grass  sod  partially 
moist.  The  draft  of  the  wide  tires  averaged,  for  level  ground,  310 
pounds.  For  the  narrow  tires  the  draft  was  439  pounds  or  41  6/100 
per  cent,  more  than  the  wide  tires.  Assuming  the  wagon  to  weigh 
1,000  pounds,  then  on  the  broad  tire  3,248  pounds  would  be  drawn 
as  easily  as  2,000  pounds  on  the  narrow  tires.  Again  the  broad 
wheels  in  the  trial  did  not  injure  the  turf,  while  the  narrow  wheels 
cut  through  it. 

It  will  be  seen,  therefore,  that  the  wide  tires  are  not  only  lighter 
in  their  draft  than  the  narrow  ones,  under  nearly  all  conditions, 
but  that  they  cut  up  the  road  very  little ; in  fact,  when  four  inches 
wide,  they  tend  to  make  the  road  continually  better. 

That  this  subject  has  had  the  closest  attention  paid  to  it  in 
Europe  is  proven  by  the  regulations  adopted  in  the  various  coun- 
tries as  reported  by  the  United  States  consuls. 

In  Austria,  all  wagons  built  for  a load  of  more  than  two  and 
one-fourth  tons  must  have  wheels  with  rims  at  least  four  and  one- 
third  inches  wide  (Styria  and  Carinthia),  and  if  built  for  more 
than  four  and  one-half  tons  (in  Styria),  or  more  than  three  and 
one-half  tons  (in  Carinthia),  the  rims  must  be  at  least  six  and  one- 
fourth  inches  broad.  In  lower  Austria  a width  of  rim  of  four  and 
one-half  inches  is  required  for  loaded  wagons  drawn  by  two  or 
three  horses.  In  Bohemia  the  same  regulation  applies. 

In  France  every  freight  and  market  wagon  is  a road  maker. 
The  tires  are  from  3 to  10  inches  in  width,  usually  from  4 to  6. 
With  a few  four-wheeled  vehicles  used,  the  tires  are  rarely  less 
than  six  inches  in  width  and  the  rear  axle  is  about  fourteen  inches 
longer  than  the  fore  axle,  so  that  the  rear  or  hind  wheels  run  about 
one  inch  outside  of  the  level  rolled  by  the  front  wheels. 

In  Germany  the  rule  prescribes  that  all  wagons  drawing  heavy 
loads,  such  as  coal,  brick,  earth,  stone,  etc.,  must  have  tires  at  least 
four  inches  wide. 

By  carefully  noting  these  regulations  one  will  see  that  the 
European  countries  have  long  ago  discarded  the  narrow  tires,  much 


109 


to  the  advantage  of  their  roads  and  the  saving  of  their  horses  and 
vehicles;  and  it  is  to  he  hoped  that  the  American  farmer,  after 
digesting  these  statements,  will  see  the  advantage  of  such  a self- 
evident  proposition  and  follow  their  example. 

Section  22  of  the  Highway  Law  prescribes  that  the  Commis- 
sion may  make  rules  and  regulations  prescribing  the  width  of 
tires  to  be  used  on  State  and  county  highways  and  that  any  dis- 
obedience thereof  shall  be  punishable  by  a fine  of  not  less  than  $10 
and  not  more  than  $100.  Therefore,  the  attention  of  manufac- 
turers, dealers  and  those  who  are  about  to  purchase  new  wagons  is 
called  to  this  fact,  that  they  may  be  able  to  provide  for  this  con- 
tingency. Owners  of  wagons  should  appreciate  the  fact  that 
heavily  loaded  wagons  with  narrow  tires  will  not  be  permitted  to 
use  the  improved  highways  built  by  the  State  or  jointly  by  the 
State,  county  and  town.  And  even  though,  at  the  present  time, 
there  may  be  but  very  few  miles  of  such  roads  in  a town,  or  county, 
it  certainly  would  not  be  advisable  to  be  excluded  from  the  use  of 
such  roads. 

It  must  not  be  contended  that  wide  tires  come  in  contact  with 
more  loose  stones  than  wagons  with  narrow  tires  because  of  the  fact 
that  section  47,  subdivision  6,  provides  that  the  town  superintend- 
ent should  cause  the  loose  stone  lying  in  the  beaten  track  of  every 
highway  to  be  removed,  and  such  an  officer  of  a town  should  so 
organize  his  forces  that  he  may  be  able  to  keep  the  surface  of  all 
roads  smooth  and  free  from  ruts  and  depressions. 

In  cases  where  the  town  superintendent  is  negligent  in  this 
particular,  it  not  only  is  the  right,  but  the  duty  of  the  users  of  the 
public  thoroughfares  to  inform  the  Commission  of  such  fact  with- 
out delay. 


RULES  AND  REGULATIONS  PRESCRIBED  BY  THE 
COMMISSION  FOR  THE  GUIDANCE  OF  COUNTY 
AND  TOWN  OFFICERS. 


Directions  for  the  Guidance  of  County  Superintendents. 

First. — A county  superintendent  must  observe  the  prescribed 
rules  and  regulations  of  the  commission. 

NOTES. 

1.  The  directions  hereinafter  contained  are  to  be  regarded  by  county  super- 
intendents as  the  rules  and  regulations  prescribed  by  the  commission. 

2.  A county  superintendent  may  be  appointed  by  the  board  of  supervisors 
of  the  county,  but  he  must  understand  that  he  is  the  representative  of  the 
commission  in  his  county  and  is  directly  responsible  to  the  commission.  He 
is  not  under  the  direction  of  the  board  of  supervisors  in  the  performance  of 
his  duties,  except  that  the  board  may  direct  him  to  inspect  each  county 
highway  during  its  construction  and  improvement  and  certify  to  them  the 
progress  of  the  work  and  any  irregularities  of  the  contractor  or  failure  to 
comply  with  the  terms  of  the  contract;  but  a certified  copy  of  such  report 
must  also  be  filed  with  the  commission. 

3.  Under  no  circumstances  will  a county  superintendent  undertake  to 
direct  an  engineer  in  charge,  or  any  other  employee  of  the  State  in  the  per- 
formance of  his  duties  on  any  contract,  nor  shall  he  undertake  to  advise  or 
direct  a contractor  in  the  execution  of  his  contract. 


Advice  of  Division  Engineers. 

Second. — A county  superintendent  is  directed  to  consult  with 
the  division  engineer  whenever,  in  his  judgment,  he  may  need 
advice  and  assistance  in  preparing  or  approving  plans  and  specifi- 
cations for  the  construction  of  highways  and  bridges. 

NOTES. 

1.  It  is  the  duty  of  the  division  engineer  to  consult  with  the  county  super- 
intendent and  to  advise  with  him  whenever  called  upon  in  respect  to  the 
proper  method  of  constructing,  improving  and  maintaining  highways  and 
bridges. 

2.  The  county  superintendent  is  directed  to  notify  the  commission  and  also 
the  division  engineer  whenever,  in  his  judgment,  he  finds  a bridge  to  be 
unsafe  for  public  use  and  travel. 


110 


Suffolk  County. — Town  of  Riverhead.  Town  road  of  sand  covered  with  a coat  of  loam,  maintained  by  use  of  road  hone. 

Surface  oiled.  Photo  taken  immediately  after  auto  races. 


3hi  joSH3*m 

Auvu  an 


*« 


Ill 


State  and  County  Highways. 

Third. — County  superintendents  are  to  have  no  control  or  juris- 
diction over  State  or  county  highways  unless  specifically  directed 
by  the  commission. 

NOTES. 

1.  The  Highway  Law  provides  that  the  town  superintendent  shall  cause 
all  ditches,  culverts  and  waterways  on  State  and  county  highways  to  be 
kept  free  from  obstructions  at  all  times,  and  also  to  cause  snow  and  ice  to 
be  removed  from  t'he  culverts  and  waterways  on  such  highways.  In  this  case 
it  is  the  duty  of  the  county  superintendent  to  cause  the  law  in  this  respect  to 
be  fully  enforced. 

2.  The  expense  incurred  in  performing  this  work  must  be  paid  by  the 
supervisor  upon  the  receipt  of  a written  order  of  the  town  superintendent 
and  from  funds  in  his  hands  available  for  the  improvement,  repair  and  main- 
tenance of  highways,  including  sluices,  culverts  and  bridges  having  a span 
of  less  than  five  feet. 

3.  The  fact  that  a road  has  been  constructed  as  a State  or  county  highway, 
and  is  to  be  maintained  by  the  State,  does  not  relieve  the  town  superin- 
tendent from  the  performance  of  his  duty.  There  can  be  no  temporary 
abandonment  of  an  improved  road,  and  a district  or  county  superintendent 
must  require  the  town  superintendent  to  perform  his  duty  in  this  respect. 
Should  a town  superintendent  fail  to  comply  with  this  law,  it  is  the  duty 
of  the  district  or  county  superintendent  to  notify  him  to  immediately  per- 
form this  work  and  also  to  make  a proper  report  to  the  commission  in  rela- 
tion thereto. 


County  Meetings. 

Fourth. — County  superintendents  are  directed  to  investigate 
as  to  when  public  meetings  for  a county  or  district  should 
be  held  and  to  notify  the  commission,  in  writing,  when 
and  where,  in  their  judgment,  such  meeting  or  meetings  should 
be  held. 

NOTES. 

1.  These  meetings  are  for  the  purpose  of  furnishing  such  instructions  and 
information  as  may  aid  and  assist  town  officers  in  the  performance  of  their 
duties  in  respect  to  highways  and  bridges. 

2.  Meetings  of  this  character  should  be  held  between  the  first  day  of 
November  and  the  first  day  of  April  each  year. 

3.  Meetings  may  be  called  during  the  spring,  summer  and  autumn  for  the 
purpose  of  making  practical  demonstrations. 

4.  Whenever  a public  meeting  is  to  be  held  the  county  superintendent  must 
cause  due  notice  to  be  mailed  to  each  town  superintendent  and  supervisor  of 
the  towns  under  his  jurisdiction,  and  give  such  notice  by  advertisement  as 
shall  be  directed  by  the  commission. 


112 


Removal  of  Town  Superintendent. 

Fifth. — A county  superintendent  is  directed  to  notify  the 
commission,  in  writing,  whenever  a town  superintendent  shall 
have  failed  to  perform  his  duty  in  compliance  with  the  directions 
for  the  guidance  of  town  superintendents,  and  also  to  notify  the 
commission  regarding  any  malfeasance  or  misfeasance  in  office. 

NOTES. 

1.  It  is  the  duty  of  the  county  superintendent,  when  directed  by  the 
commission,  to  make  written  charges  and  present  the  same  in  duplicate  to  the 
town  clerk,  and  request  the  town  clerk  to  serve  the  same  personally  upon  the 
town  superintendent,  together  with  a notice  directing  him  to  appear  before 
the  town  board  at  a time  and  place  stated  therein. 

2.  The  district  or  county  superintendent  must  understand  that  any  failure 
on  his  part  to  comply  with  the  directions  of  the  commission  in  this  respect 
will  be  sufficient  cause  for  the  commission  to  notify  the  clerk  and  chairman 
of  the  board  of  supervisors  of  such  fact. 

Inspections  of  Highways  and  Bridges. 

Sixth. — The  county  superintendent  should  inspect  the  high- 
ways and  bridges  of  each  town  in  his  district  or  county 
at  least  once  each  year,  and  advise  and  direct  the  town  superin- 
tendent how  best  to  repair,  maintain  and  improve  such  highways 
and  bridges. 

NOTES. 

1.  The  town  superintendent  has  been  furnished  with  directions  for  his 
guidance,  and  it  is  the  duty  of  the  district  or  county  superintendent  to 
thoroughly  inform  himself  as  to  whether  such  directions  have  been  fully 
complied  with  or  not. 

2.  The  agreement®  which  have  been  regularly  entered  into  between  the 
town  boards  and  town  superintendents  provide  that  no  work  of  a perma- 
nent character  shall  be  commenced  until  the  district  or  county  superintendent 
has  granted  the  town  superintendent  a written  permit  therefor. 

3.  The  same  agreements  provide  that  any  money  which  may  be  held  as  a 
reserve  fund  by  the  supervisor,  as  custodian,  may  be  expended  for  such  pur- 
pose as  the  supervisor  and  district  or  county  superintendent  may  determine. 
Therefore,  the  county  superintendent  is  directed  to  make  proper  provision 
therefor. 

Reports. 

Seventh. — The  county  superintendent  is  directed  to  notify 
the  supervisors,  town  superintendents  and  town  clerks  that 
all  reports  made  by  them  must  be  first  forwarded  to  him  for  his 
personal  approval  before  transmitting  the  same  to  the  commission. 

NOTES. 

1.  The  county  superintendent  in  procuring  from  the  supervisor  the  high- 
way, bridge  and  miscellaneous  report  which  must  be  made  by  the  super- 


113 


visor  to  the  town  board  at  its  meeting  held  each  year  on  the  Thursday  suc- 
ceeding general  election,  must  be  careful  to  observe  the  following  directions: 

1st.  The  law  provides  that  the  town  superintendent  shall  make  an 
estimate  which  may  be  approved  or  disapproved,  increased  or 
reduced  by  the  town  board  at  the  meeting  above  stated. 

2d.  It  is  the  intent  of  the  law  that  this  estimate  shall  be  honestly 
made  by  the  town  superintendent,  and  the  estimate  thus 
honestly  made  shall  be  approved  by  the  town  board,  thus  pro- 
viding funds  in  advance  for  the  repair  and  improvement  of 
highways,  the  repair  and  construction  of  bridges,  the  purchase 
and  repair  of  machinery,  tools  and  implements,  the  removal  of 
obstructions  caused  by  snow,  and  for  other  miscellaneous 
purposes. 

3d.  Under  no  circumstances  may  a county  superintendent  approve  of 
a highway,  bridge  or  miscellaneous  report  showing  a deficit 
in  any  one  of  the  above  mentioned  funds. 

4th.  He  may  approve  of  the  transferring  of  money  from  any  fund 
to  the  highway  fund  after  the  purpose  for  which  such  fund 
was  raised  has  been  served.  He  must  thoroughly  instruct  and 
inform  the  supervisor  and  town  superintendent  that  if  the 
town  superintendent  gives  any  order  in  excess  of  the  amount 
of  money  available  in  any  fund,  or  incurs  any  liability  in  the 
employment  of  labor  or  purchase  of  material,  that  in  no  way 
can  such  fund  be  reimbursed  or  the  supervisor  or  town  super- 
intendent relieved  from  liability,  except  that  the  proposition 
ibe  submitted  at  a special  or  biennial  town  meeting  and  a 
vote  of  the  electors  of  the  town. 

5th.  A supervisor  elected  to  take  office  must  be  required  by  a county 
superintendent  to  give  a proper  receipt,  showing  the  amount  of 
money  turned  over  to  him  by  his  predecessor  in  office,  and 
must  then  transmit  a report  thereof  to  the  commission.  Blank 
forms  for  such  purpose  will  be  furnished  by  the  commission. 


Inspection  of  Town  Highways  to  be  Improved. 

Eighth. — The  county  superintendent  is  directed  to  instruct 
the  town  superintendent  when  to  make  a preliminary  inspec- 
tion of  the  roads  which  are  to  be  improved  as  State  or  county 
highways  for  the  purpose  of  securing  preliminary  information  to 
be  used  in  preparing  plans  and  specifications  for  such  highways, 
and  also  how  to  mark,  or  in  some  substantial  manner  designate 
the  portions  of  such  highways  as  may  need  especial  care  and 
attention. 

NOTE. 

1.  It  is  important  that  the  county  superintendent  shall  either  directly  or 
indirectly  procure  information  of  this  character  to  the  end  that  any  plans  or 
specifications  for  the  improvement  of  State  or  county  highways  may  be  prop- 
erly made. 

8 


114 


Monuments  to  be  Erected. 

’Ninth. — The  county  superintendent  is  directed  to  assist  the 
town  superintendent  in  the  erection  of  monuments  show- 
ing the  boundaries  of  the  highways  and  in  the  establishment  of 
such  new  monuments  as  may  he  required. 

Plans  and  Specifications. 

Tenth. — The  county  superintendent  is  directed  to  furnish 
or  cause  to  he  furnished  to  the  town  hoard,  plans  and  specifi- 
cations for  the  construction  of  new  highways  or  the  per- 
manent improvement  or  reconstruction  of  existing  highways,  when 
the  cost  shall  exceed  five  hundred  dollars,  provided  that  such 
money  is  to  be  expended  by  contract. 

NOTES. 

1.  If  a county  superintendent  is  not  a practical  civil  engineer  he  may 
request  that  such  plans  and  specifications  he  furnished  him  by  the  division 
engineer. 

2.  No  contract  shall  be  awarded  by  the  town  superintendent  until  it  has 
been  approved  by  the  county  superintendent. 

3.  When  the  work  is  completed  pursuant  to  the  terms  of  such  contract 
and  the  plans  and  specifications  thus  furnished,  the  acceptance  thereof  must 
be  by  the  county  superintendent. 

4.  Payments  to  be  made  under  such  contracts  shall  be  made  upon  certifi- 
cates issued  to  the  contractor  by  the  county  superintendent,  which  must  be 
attached  to  an  order  upon  the  supervisor,  duly  filled  out  by  the  town  super- 
intendent as  provided  by  law. 

5.  All  work  under  such  contract  shall  be  under  the  supervision  of  the 
county  superintendent. 


Purchase  of  Machinery. 

Eleventh. — All  contracts  for  the  purchase  of  stone  crushers, 
steam  rollers  or  traction  engines  must  be  approved  by  the  district 
or  county  superintendent  and  he  must  indorse  his  approval 
thereon. 

NOTES. 

1.  No  contract  for  such  purpose  shall  be  valid  unless  it  shall  have  had 
the  approval  of  the  district  or  county  superintendent. 

2.  It  is  the  intent  of  the  law  in  this  respect  to  safeguard  the  town’s  in- 
terests in  the  purchase  of  proper  machinery,  and  at  the  same  time  to  protect 
the  State’s  interests,  because  a contract  may  be  made  by  the  town  superin- 
tendent, with  the  approval  of  the  town  board,  to  lease  or  hire  such  machinery 
and  the  expense  thereof  paid  out  of  moneys  levied  and  collected  and  paid  by 


Suffolk  County. — Town  of  Riverhead.  Town  road  of  same  nature  and  maintained  in  same  manner  as  that  shown  on  cut  facing 

page  110. 


UBRAfiy 
Of  THE 


115 


the  State  for  the  , improvement  of  highways,  and  the  moneys  paid  for  such 
lease  or  hire  may  be  a part  of  the  purchase  price  in  accordance  with  the 
contract. 

Lease  or  Hire  of  Machinery. 

Twelfth. — The  county  superintendent  must  observe  the  follow- 
ing ruling  or  construction  of  the  commission  relating  to  the  lease 
or  hire  of  machinery  as  provided  by  section  50  of  the  Highway 
Law,  viz. : 

Whenever  the  town  superintendent  has  with  the  approval 
of  town  board  made  a contract  with  a machinery  firm  or 
corporation  calling  for  a fixed  sum  to  be  paid  each  year  for 
the  lease  or  hire  of  a stone  crusher,  steam  roller  or  traction 
engine,  there  must  be  a certification  uppu  the  order  given  by  the 
town  superintendent  to  the  supervisor  for  such  lease  or  hire  show- 
ing the  specific  days  which  he  has  used  the  same  during  the  period. 
The  rate  must  not  be  more  than  ten  dollars  per  day  for  a crusher 
or  steam  roller  or  eight  dollars  per  day  for  a traction  engine,  and 
if  the  number  of  days  which  he  has  worked  the  same  is  not  suffi- 
cient to  pay  the  amount  as  agreed  upon  with  the  firm  or  corpora- 
tion leasing  or  hiring  the  same,  then  the  balance  cannot  be  paid 
from  the  highway  fund,  but  must  be  paid  from  the  general  fund 
of  the  town.  If  the  number  of  days  exceeds  the  minimum  num- 
ber of  days  necessary  to  furnish  at  the  above  rates  an  amount 
needed  to  pay  the  machinery  company,  then  the  total  amount 
agreed  upon  as  rental  shall  be  divided  by  the  number  of  days  and 
the  charge  per  day  for  a stone  crusher,  steam  roller  and  traction 
engine  shall  be  at  that  figure  and  not  at  the  maximum  figure  under 
the  provisions  of  section  50  of  the  Highway  Law. 

Drainage,  Sewer  and  Water  Pipes. 

Thirteenth. — A county  superintendent  is  directed  to  first 
obtain  the  consent  of  the  commission  before  he  grants  permis- 
sion for  an  overhead  or  underground  crossing,  or  to  lay  and 
maintain  drainage,  sewer  and  water  pipes  in  grounds  within  any 
portions  of  a state  and  county  highway. 

Measurement  of  Highways. 

Fourteenth. — The  county  superintendent  is  directed  to  assist 
the  town  superintendent  by  directing  him  how,  or  by  fur- 
nishing him  with  proper  information  so  that  he  may  properly 


116 


measure  all  the  highways  of  his  town  in  accordance  with  the 
directions  which  have  been  furnished  him  by  the  commission. 

NOTES. 

1.  Blank  forms  for  this  purpose  have  been  prepared  and  will  be  furnished 
by  the  commission. 

2.  The  Bureau  of  Koad  Inquiry,  connected  with  the  Agricultural  Depart- 
ment at  Washington,  requires  the  information  contained  in  such  blank. 


Closing  Highways. 

Fifteenth. — The  county  superintendent  is  directed  to  care- 
fully consider  the  fact  that  the  traveling  public  must  not  be 
inconvenienced  on  account  of  the  lack  of  care  or  inattention 
on  the  part  of  a contractor  constructing  or  improving  a State  or 
county  highway,  or  a town  superintendent  in  performing  the  same 
class  of  work  in  not  providing  a temporary  highway. 


NOTES. 

1.  If,  in  the  judgment  of  the  county  superintendent,  it  becomes  necessary 
to  close  a highway,  he  must  execute  a certificate  and  file  the  same  in  the 
office  of  the  town  clerk. 

2.  Such  certificate  shall  state  the  necessity  for  closing  such  highway  and 
describing  the  portion  thereof  to  be  closed. 

3.  Not  more  than  two  miles  of  any  highway  shall  be  closed  at  any  one 
time. 

4.  At  the  time  of  filing  such  certificate  he  must  notify  the  town  superin- 
tendent to  close  the  highway.  It  then  becomes  the  duty  of  the  town  superin- 
tendent to  close  the  same  to  public  travel  by  erecting  suitable  obstructions 
and  posting  conspicuous  notices  to  that  effect. 

5.  The  county  superintendent  must  ascertain  the  practicability  of  providing 
a new  location  and  the  construction  of  a temporary  highway  to  be  used  by 
the  traveling  public,  and  to  advise  and  direct  the  town  superintendent  how 
he  may  best  erect  temporary  bridges,  or  cause  other  existing  highways  to  be 
used. 


Repair  or  Construction  of  Bridges. 

Sixteenth. — The  county  superintendent  is  directed  to  either 
prepare,  or  cause  to  be  prepared,  plans  and  specifications  for 
the  erection  of  bridges,  except  that  if  a bridge  to  be  repaired 
or  rebuilt  is  one  which  has  been  condemned  by  the  commission 
the  same  shall  be  repaired  or  rebuilt  in  accordance  with  plans 
and  specifications  prepared  and  approved  by  the  commission. 


117 


Examinations  of  Deposits  of  Gravel  and  Stone. 

Seventeenth . — The  county  superintendent  is  directed  to 
examine  the  various  formations  and  deposits  of  gravel  and  stone 
in  his  district  or  county,  for  the  purpose  of  ascertaining  the 
materials  which  are  best  available  and  suitable  for  the  improve- 
ment of  the  highways  therein. 

NOTE. 

1.  The  county  superintendent  must  carefully  preserve  samples  of  such 
formations  and  deposits,  together  with  a record  showing  the  location  of  the 
same.  This  must  be  done  so  that  he  may  be  able  to  submit  samples  to  the 
commission  whenever  requested  to  do  so. 

Establishment  of  Grades. 

Eighteenth. — The  county  superintendent  is  directed  to  establish 
all  grades  in  case  of  permanent  improvement,  and  recommend 
means  of  drainage,  repairs  and  improvement  to  the  town  super- 
intendent or  town  board. 


NOTE. 

1.  If  the  county  superintendent  should  not  be  a practical  civil  engineer, 
plans  and  specifications  and  necessary  information  will  be  furnished  him  by 
the  division  engineer  upon  application. 


Reports. 

Nineteenth. — County  superintendents  are  directed  to  report 
to  the  commission  annually  on  or  before  the  fifteenth  day  of 
November  in  each  year. 


DIRECTIONS  FOR  THE  GUIDANCE  OF  TOWN 
SUPERINTENDENTS. 


Annual  Estimates. 

First. — The  town  superintendent  must  make  a written  state- 
ment annually,  on  or  before  the  31st  day  of  October,  containing 
his  estimate  of  amounts  necessary  to  cover  highway,  bridge  and 
miscellaneous  expenses  for  the  ensuing  year,  which  must  be 
divided  into  four  parts,  viz. : 

1.  Showing  the  amount  of  money  necessary  to  be  levied  and 
collected  for  the  repair  and  improvement  of  highways,  including 
sluices,  culverts  and  bridges  having  a span  of  less  than  five  feet. 

2.  For  the  repair  and  construction  of  bridges  having  a span 
of  five  feet  or  more. 

3.  For  the  purchase,  repair  and  custody  of  stone  crushers, 
steami  rollers,  traction  engines,  road  machines  for  grading  and 
scraping,  tools  and  implements. 

4.  For  the  removal  of  obstructions  caused  by  snow  and  other 
miscellaneous  purposes.  (See  Highway  Law,  § 90.) 

NOTES. 

1.  This  report  must  be  filed  with  the  town  clerk  on  or  before  the  31st  day 
of  October,  and  the  town  superintendent  must  understand  that  the  law 
requires  him  to  specify  the  amount  of  money  necessary  for  the  repair  and 
improvement  of  highways,  including  sluices,  culverts  and  bridges  having  a 
span  of  less  than  five  feet. 

2.  In  making  his  estimate  the  town  superintendent  must  remember:  that 
his  estimate  should  contain  such  amounts  as  he  considers  necessary  to  serve 
the  several  purposes  for  which  they  are  to  be  raised,  leaving  it  to  the  town 
board  to  separate  and  determine  which  may  be  ordered  by  it  and  which  must 
be  submitted  to  vote. 

3.  The  town  superintendent  must  cause  noxious  weeds  growing  within  the 
bounds  of  the  highways  to  be  cut  and  removed  at  least  twice  in  each  year, 
once  between  the  first  and  thirtieth  days  of  July  and  once  between  the  first 
and  thirtieth  days  of  September.  He  must  also  cause  all  briers  and  brush 
within  the  bounds  of  the  highway  to  be  cut  and  removed  once  between  the 
first  and  thirtieth  days  of  September  in  each  year.  It  is,  therefore,  neces- 
sary that  each  town  superintendent  should  include  in  his  estimate,  the 
amount  of  money  necessary  to  defray  the  expenses  incurred  therefor. 


US 


119 


4.  The  town  superintendent  must  also  include  in  the  fourth  item  of  his 
estimate : 

1st.  The  amount  of  money  necessary  for  the  removal  of  obstructions 
caused  by  snow. 

2d.  The  amount  of  money  necessary  for  wire  fences. 

3d.  The  amount  of  money  necessary  for  allowances  for  shade  trees. 
4th.  The  amount  of  money  necessary  for  allowances  for  watering 
troughs. 

5th.  For  expenses  which  may  be  incurred  in  establishing  boundaries 
of  highways  and  the  erection  of  monuments,  for  the  erection  of 
guide  boards,  for  the  repair  and  construction  of  sidewalks. 

6th.  He  may  include  his  salary  and  expense. 

Attendance  at  Town  Board  Meetings. 

Second. — The  town  superintendent  is  directed  to  attend  the 
meetings  of  the  town  board  held  on  the  Thursday  succeeding  gen- 
eral election  in  each  year. 


NOTES. 

1.  The  town  superintendent’s  annual  estimate  must  not  be  approved  by  the 
town  board  at  any  time  prior  to  the  Thursday  succeeding  general  election. 
The  law  is  specific  on  this  point. 

2.  It  is  presumed  that  the  town  superintendent  shall  have  made  an 
honest  estimate  and  it  is  important  that  he  attend  this  meeting  so  that  he 
may  be  able  to  explain  to  the  town  board  the  items  contained  in  the 
estimate,  and  how  he  arrived  at  the  amounts  therein  contained. 

3.  It  is  especially  important  that  the  estimate  made  and  approved  by  the 
town  board  be  in  sufficient  amount  to  meet  the  expenditures  provided  by 
section  90  of  the  Highway  Law,  subdivisions  1,  2,  3 and  4,  because,  if  at  any 
time  thereafter  any  one  of  these  funds  becomes  exhausted  and  it  is  necessary 
to  procure  more  money  for  such  fund,  the  only  way  in  which  this  can  be  done 
is  by  notification  to  the  town  board  and  the  calling  of  a special  town  meet- 
ing and  submitting  the  proposition  to  the  vote  of  the  electors  of  the  town. 

Organization  of  Forces. 

Third. — The  town  superintendent  is  directed  to  organize  his 
forces  as  soon  as  practicable  after  assuming  the  duties  of  his  office 
by  the  selection  and  appointment  of  competent  men  to  take  charge 
of  and  to  perform  the  highway  and  bridge  work  during  the  en- 
suing year. 

NOTES. 

1.  Overseers  of  highways  must  not  be  appointed  but  the  town  superin- 
tendent may  select  a person  or  persons  in  parts  or  sections  for  the  specific 
purpose  of  preventing  obstructions  caused  by  snow  or  the  removal  thereof. 
It  is  necessary  that  this  should  be  done  in  order  that  the  locality  may 
receive  prompt  relief  and  attention. 


120 


2.  Particular  attention  is  called  to  the  fact  that  the  commission  is  pre- 
pared to  furnish  suggestions,  directions  and  information  relating  to  the 
prevention  of  obstructions  caused  by  snow  and  the  removal  of  the  same  by 
the  use  of  a snow  roller  or  other  devices. 

3.  It  is  the  duty  of  the  town  superintendent  to  employ  such  persons  with 
teams  and  implements  as  may  be  necessary  for  the  proper  maintenance  and 
repair  of  highways  and  bridges  and  the  removal  of  obstructions  caused  by 
snow,  and  a list  of  the  names  of  persons  so  employed  with  compensation  paid 
to  each  must  be  filed  in  the  office  of  the  town  clerk. 

4.  The  statement  which  must  be  filed  in  the  office  of  the  town  clerk 
must  show  the  compensation  per  hour  and  not  by  the  day. 

5.  It  is  not  the  intent  of  the  law  or  the  desire  of  the  commission  that 
the  town  board  should  interfere  with  the  town  superintendent  in  the  employ- 
ment of  persons  with  teams  and  implements.  The  town  board,  however,  should 
be  thoroughly  satisfied  that  no  labor,  teams  or  machinery  are  employed  or 
hired  at  other  than  the  prevailing  prices,  and  that  the  same  be  of  a character 
so  that  the  work  to  be  performed  can  be  done  in  a creditable  and  economical 
manner. 

6.  Whenever  the  labor  or  teams  employed  are  unable,  in  the  judgment  of 
the  town  board,  to  perform  proper  work,  or  the  prevailing  rate  of  wages  or 
hire  as  paid  by  the  town  superintendent  is  excessive,  the  town  board  is  re- 
quested to  pass  proper  resolutions  and  notify  the  commission  without  delay. 

7.  The  town  superintendent  is  directed  to  carefully  consider  these  sugges- 
tions in  order  that  the  prevention  of  obstructions  caused  by  snow  and  the 
removal  thereof  may  receive  prompt  attention  and  that  the  work  upon  the 
highways  may  be  commenced  in  the  spring  as  early  as  weather  conditions 
will  permit. 


When  Highway  Work  Must  Be  Done. 

Fourth. — The  town  superintendent  having  organized  his  forces 
is  directed  as  early  as  conditions  in  the  spring  will  permit  to 
cause  the  ditches,  culverts  and  outlets  to  be  cleaned;  to  cause  the 
removal  of  all  loose  stone  from  the  beaten  track  of  the  highway; 
to  cause  the  filling  of  depressions  and  the  shaping  and  crowning 
of  the  highways  so  that  all  work  of  this  character  will  have  been 
performed  prior  to  the  first  day  of  June  in  each  year,  except  that 
a special  permit  has  been  granted  by  the  commission  on  applica- 
tion of  the  county  superintendent. 

NOTES. 

1.  The  law  provides  that  the  town  superintendent  shall  divide  the  town 
into  as  many  sections  as  may  be  necessary  for  the  proper  maintenance  and 
repair  of  the  highways  therein,  and  in  dividing  the  town  into  parts  or  sec- 
tions, such  parts  or  sections  should  comprise  a mimimum  of  not  less  than 
twenty  miles,  although  the  local  conditions  may  be  such  that  the  district  or 
section  should  be  larger  according  to  the  number  of  men  and  the  kind  and 
class  of  power  employed. 


121 


2.  The  traveling  public  must  not  be  annoyed  or  inconvenienced  by  reason 
of  the  public  highways  not  having  been  placed  in  proper  condition  on  or  before 
the  first  day  of  June  in  each  year,  through  the  inefficiency  or  lack  of  interest 
on  the  part  of  the  town  superintendent  and  his  appointees  and  employees. 

3.  The  town  superintendent  must  thoroughly  understand  that  it  is  a use- 
less waste  of  time,  energy  and  money  to  attempt  to  work  public  highways  by 
the  use  of  a plow,  ripper  or  road  machine  for  grading  and  scraping  during 
the  summer  and  fall  after  the  earth  has  become  baked  and  hardened. 

4.  It  is  the  opinion  of  the  commission  that  better  results  can  be  accomp- 
lished by  the  use  of  steam  rollers  or  traction  engines  for  power.  (See  High- 
way Law,  § 50.) 


Shaping,  Crowning  or  Turnpiking. 

Fifth. — Town  superintendents  are  directed  under  no  circum- 
stances to  undertake  the  work  of  shaping  and  crowning  or  turn- 
piking a road  where  fall  or  early  spring  plowing  has  not  been 
done,  except  in  cases  where  material  may  be  moved  without  in- 
troducing sod  and  vegetable  matter  into  the  bed  of  the  road. 

NOTES. 

1.  Particular  attention  is  called  to  the  fact  that  much  money  available 
for  improvement,  repair  and  maintenance  of  public  highways  in  the  towns 
of  the  state,  has  been  wasted  by  the  excessive  and  indiscriminate  use  of  road 
machines  for  grading  and  scraping,  and  it  is  the  intent  of  this  rule  and 
regulation  and  these  notes  to  particularly  define  when  improvements  of  this 
character  can  be  used. 

2.  Before  undertaking  to  shape  and  crown  or  turnpike  a highway  the  town 
superintendent  is  directed  to  procure  a written  permit  for  such  work  from 
the  county  superintendent. 

3.  No  work  of  this  character  must  be  performed  until  provision  has  been 
made  for  the  purpose  of  straightening  the  ditch  lines  and  widening  the  road 
to  24  feet  in  width  between  gutters  or  ditches,  wherever  practicable,  and 
in  no  case  must  the  road  be  narrowed  to  an  extent  that  vehicles  cannot 
readily  pass. 

4.  In  using  the  road  machine  for  shaping  and  crowning,  the  work  can  be 
progressed  faster  and  more  economically  by  the  use  of  a steam  roller  or 
traction  engine  instead  of  teams,  but  in  using  the  same  proper  offsets  should 
be  provided  so  that  the  steam  roller  or  traction  engine  may  be  kept  in  the 
middle  of  the  road. 

5.  The  town  superintendent  is  directed  in  the  performance  of  work  of  this 
character  to  use  not  less  than  three  teams  where  steam  is  not  used  for 
power,  hitched  to  a road  machine,  for  shaping  and  crowning  or  turnpiking, 
so  that  the  men  employed  in  working  the  highway  can  occupy  their  time  to 
the  best  advantage. 

6.  The  town  superintendent  is  directed  to  attach  a harrow  to  the  road 
machine  whenever  or  wherever  steam  power  is  used  but  if  teams  are  used  the 
road  must  be  thoroughly  dragged  immediately  following  the  road  machine. 

7.  While  the  work  is  in  progress  at  the  time  of  shaping  and  crowning  a 
road  sufficient  help  must  be  employed  and  an  additional  team  with  a wagon 


122 


with  a dump  box  muse  be  provided  so  that  all  of  the  loose  stones,  sod  and 
organic  matter  found  after  the  road  has  been  thoroughly  dragged  can  be 
hauled  away. 

8.  The  kind  and  class  of  teams  and  labor  employed  is  the  most  important 
item  in  the  cost  and  the  energy  of  the  town  superintendent,  who  is  the 
responsible  head  of  the  town  in  highway  improvement,  should  be  directed 
toward  the  utilization  of  all  labor  to  the  best  advantage.  The  cost  of  proper 
road  machinery,  tools  and  implements  is  really  chargeable  to  the  entire 
mileage  of  the  town  and  to  a term  of  years  and  it  will,  therefore,  be  seen 
that  the  expense  attached  to  each  mile  or  each  year  is  trivial. 

9.  A town  superintendent  must  be  painstaking  and  must  understand  the 
principles  involved  in  highway  construction  and  improvement.  He  must  have 
practical  ideas  and  be  capable  of  organizing  and  utilizing  labor  to  the  best 
advantage. 

Sixth. — All  sod , loose  stones  and  organic  matter  must  he  re- 
moved from  the  highway  while  the  worlc  is  in  progress.  Under 
no  circumstances  shall  sod , roots , organic  matter , worn-out  dust 
or  mud  he  scraped  from  the  ditches  or  sides  of  the  road  and 
placed  on  its  surface. 

NOTE. 

1.  The  above  rule  is  mandatory  and  under  no  circumstances  will  a town 
superintendent  be  permitted  to  carry  on  highway  work  in  his  town  unless 
this  rule  is  strictly  complied  with. 


Instruction  and  Equipment. 

Seventh. — The  town  superintendent,  after  having  carefully  se- 
lected persons  with  teams  and  implements  and  organized  his 
forces,  must  then  thoroughly  instruct  the  men  who  are  to  have 
charge,  and  he  must  provide  them  with  suitable  tools,  machinery 
and  labor  to  properly  perform  the  highway  and  bridge  work  of  the 
town. 

NOTES. 

1.  Inferior  equipment  is  expensive  and  labor  and  teams  should  not  com- 
mence work  until  proper  equipment  is  provided. 

2.  Wagons  must  be  provided  with  a dump  box  sufficiently  large  to  hold 

a reasonable  load  of  usually  not  less  than  one  and  a half  cubic  yards  of 

road  material  as  it  takes  but  a little  longer  to  haul  a proper  load.  Proper 

care  in  this  respect  will  save  a large  per  cent,  in  cost. 

3.  Labor  and  teams  must  not  be  allowed  to  come  to  their  work  late  and 

leave  early.  An  honest  day’s  work  must  be  required  in  all  instances. 

Compensation  must  be  by  the  hour  and  not  by  the  day  and  town  superin- 

tendents will  be  held  to  strict  account  in  this  respect. 

4.  It  is  important  that  the  town  superintendent  inspect  all  the  machinery, 
tools  and  implements  during  the  winter  and  insist  that  all  necessary  repairs 
be  made  to  the  same  in  order  that  the  highway  work  may  be  commenced 
without  delay  in  the  spring  as  early  as  conditions  will  permit. 


123 


5.  Parts  of  machines  and  implements  such  as  scraper  blades,  plow  points, 
whiffletrees,  etc.,  which  are  liable  to  break  or  wear  out,  must  be  purchased 
and  kept  on  hand  at  all  times. 

6.  If,  in  the  judgment  of  the  town  superintendent,  new  machinery,  tools 
and  implements  are  required,  he  must  include  the  probable  cost  thereof  in 
his  annual  estimate.  If  in  his  judgment,  at  any  subsequent  time,  any 
machinery,  tools  and  implements  are  required,  he  must  immediately  notify 
the  supervisor  of  such  fact. 

7.  The  attention  of  the  town  superintendent  is  called  to  the  fact  that  he 
must  be  very  careful  to  estimate  the  amount  of  money  necessary  for  the  pur- 
chase and  repair  of  machinery  in  the  annual  estimate  which  he  must  make  in 
writing  and  file  with  the  town  clerk  on  or  before  the  31st  day  of  October  in 
each  year. 

Drainage. 

Eighth . — As  early  in  the  spring  as  conditions  will  permit 
waterways,  ditches  and  culverts  must  he  opened  and  cleaned  and 
the  work  of  perfecting  the  drainage  and  improving  the  surface 
of  the  road  commenced. 

NOTES. 

1.  There  must  be  no  delay  in  commencing  the  work  of  opening  and  clean- 
ing ditches  and  culverts  as  soon  as  the  frost  is  out  of  the  ground.  Work  of 
this  kind  can  usually  be  performed  before  the  work  of  improving  the  surface 
of  the  road  can  be  commenced. 

2.  In  opening  ditches  and  culverts  great  care  must  be  exercised  in 
straightening  the  ditch  line  and  in  preserving  the  proper  fall  and  grade  so 
that  the  water  may  be  quickly  and  easily  carried  away. 

3.  The  town  superintendent  must  be  careful  to  get  the  water  off  the  road, 
out  of  the  road  and  away  from  the  road. 

4.  The  town  superintendent  must  construct  and  keep  in  repair  sluices  and 
culverts  and  cause  waterways,  ditches  and  culverts  to  be  kept  open.  He  is 
especially  directed  to  remove  all  earth,  leaves  and  other  rubbish  from  the 
ditches  and  culverts  late  in  the  fall. 

5.  The  town  superintendent  is  directed  to  thoroughly  remove  snow  and  ice 
from  any  culvert  or  sluice  at  any  time  it  may  become  clogged  with  ice. 
This  is  especially  necessary  to  protect  the  roadbed  following  thaws. 

6.  The  digging  of  a gutter  or  building  diagonally  across  the  road  a small 
dam,  commonly  called  a “ thank-you-ma’am,”  must  never  be  permitted. 


Under  Drainage. 

Ninth. — The  town  superintendent  is  directed  to  immediately 
commence  the  work  of  subdraining  all  roads  within  the  town 
where  it  is  apparent  that  a firm  surface  cannot  be  preserved  or 
made  by  surface  drainage. 

NOTES. 

1.  It  is  not  the  purpose  of  the  commission  to  fix  a mandatory  rule  as  to 
the  kind  and  class  of  subdrainage  but  all  town  superintendents  can  doubtless 
secure  the  best  results  by  the  use  of  ordinary  porous  land  tile. 


124 


2.  Great  care  must  be  exercised  in  digging  a ditch  of  sufficient  depth 
which  ought  at  no  place  to  be  less  than  two  feet,  six  inches.  In  general  the 
depth  of  a tile  drain  should  be  not  less  than  three  feet  from  the  top  of  the 
tile  and  must  always  be  carefully  laid  so  that  at  all  places  a proper  fall  may 
be  secured  to  the  outlet  thereof. 

3.  A town  superintendent  who  is  not  thoroughly  familiar  with  the  prin- 
ciples of  drainage  of  this  character  is  directed  to  consult  with  the  county 
superintendent.,  The  importance  of  drainage  cannot  be  overestimated  and  the 
consideration  of  this  question  by  the  town  board  is  important.  A well 
drained  earth  road  is  far  superior  to  any  other  kind  of  a road  poorly  drained. 

4.  Under  no  circumstances  will  a town  superintendent  be  permitted  to 
surface  any  road  with  gravel  or  broken  stone,  slag  or  other  material  until 
the  road  has  been  prepared  to  receive  the  same  by  the  use  of  adequate  surface 
or  subdrainage  and  no  permits  for  permanent  work  will  be  granted  by  the 
county  superintendent  until  work  of  this  character  is  performed  or  else 
includes  the  same. 

5.  The  particular  attention  of  the  town  superintendent  is  called  to  the 
subject  matter  relating  to  the  question  of  drainage  published  in  this  Bulletin. 


Surfacing  and  Re-surfacing. 

Tenth. — All  roads  which  are  to  be  surfaced  or  resurfaced  with 
gravel,  broken  stone,  or  other  road  material,  must  first  be  thor- 
oughly drained  and  graded  in  accordance  with  instructions  given 
by  the  county  superintendent,  and  when  completed  should  have  a 
crown  of  about  one  inch  fall  to  the  foot,  excepting  on  steep  grades 
where  the  fall  should  be  increased. 

NOTES. 

1.  The  crown  of  a completed  road  on  grades  must  in  all  instances  be  greater 
than  the  natural  grade  of  the  road  itself,  so  that  the  water  will  more  quickly 
flow  to  the  ditches  on  either  side. 

2.  A town  superintendent  must  not  undertake  to  perform  work  of  this 
character  upon  the  highways  until  he  has  received  written  instructions  from 
the  county  superintendent  in  relation  thereto  and  has  been  notified  by  him 
that  he  may  perform  such  work. 

3.  Under  no  circumstances  must  water  be  allowed  to  stand  in  the  road- 
way or  in  the  ditches  as  it  will  cause  the  wearing  surface  to  become  softened 
and  the  result  will  be  ruts,  holes  and  depressions. 

4.  Gravel  or  other  material  must  always  be  spread.  The  act  of  dumping 
compacts  the  material  in  spots  and  leaves  the  spaces  between  in  such  con- 
dition that  depressions  are  formed  and  a series  of  mud  holes  will  be  the  re- 
sult. It  is  essential  that  the  road  be  brought  to  a uniform  shape  and 
crowned  after  the  gravel  or  other  material  is  spread  by  the  use  of  a road 
machine  for  grading  and  shaping,  a harrow  or  drag,  so  that  the  whole  surface 
may  be  of  uniform  wearing  strength.  Spreading  the  gravel  or  other  material, 
as  above  directed,  will  prevent  the  rough  appearance  of  many  roads,  which 
is  caused  by  dumping  one  load  in  a place  and  raking  off  the  top. 


125 


5.  In  spreading  gravel  or  other  material,  large  stones  should  be  removed 
by  raking  them  out  and  placing  them  forward  so  as  to  be  under  the  material 
next  to  be  placed  on  the  surface. 

6.  The  town  superintendent  may,  with  the  approval  of  the  town  board, 
purchase  gravel,  stone,  or  other  surfacing  material  at  a price  per  cubic  yard 
to  be  approved  by  the  town  board.  The  price  of  gravel  in  the  bed  or  of 
stone  in  the  fields  or  quarry  is  a small  item.  It  is  the  cost  of  excavating 
and  quarrying,  together  with  the  cost  of  hauling  to  the  road,  the  labor  and 
teams  in  perfecting  the  drainage,  grading,  and  preparing  the  surface  and  put- 
ting the  material  in  place  that  create  the  expense. 


Removal  of  Loose  Stone. 

Eleventh. — All  loose  stone  lying  within  the  beaten  track  of 
every  highway  mnst  be  removed  at  least  three  times  every  year 
between  the  1st  day  of  April  and  the  1st  day  of  December. 

NOTES. 

1.  Loose  stone  lying  within  the  beaten  track  of  the  highway  must  not  be 
allowed  to  remain  therein  even  though  the  law  requires  that  they  shall  be 
removed  at  least  three  times  each  year. 

2.  Stone  so  removed  must  not  be  thrown  into  the  gutter  or  grass  adjoining 
the  highway,  but  shall  be  conveyed  to  some  place  from  which  they  will  not 
work  back  or  be  brought  back  into  the  beaten  track. 

3.  The  town  superintendent  must  remove  loose  stone,  sod,  and  organic 
matter  while  highway  work  is  in  progress. 


Depressions. 

Twelfth. — All  holes,  ruts,  and  depressions  must  be  filled  with 
the  best  available  material  and  the  town  superintendent  is  directed 
to  be  very  careful  to  preserve  the  crown  of  the  road  so  that  the 
water  can  easily  and  quickly  flow  to  the  ditch  on  either  side. 

NOTES. 

1.  This  can  be  accomplished  by  the  use  of  a road  hone  or  rut  scraper. 

2.  Road  hones  or  rut  scrapers  can  be  constructed  at  a very  slight  cost  or 
can  be  purchased  of  most  any  concern  manufacturing  road  machinery. 

3.  Road  hones  or  rut  scrapers  should  be  drawn  over  the  road  following 
storms  and  showers  when  the  road  is  beginning  to  dry,  starting  at  the  ditch 
and  forcing  the  loose  material  into  the  ruts  and  toward  the  center  which 
keeps  the  road  free  from  ruts,  holes  and  depressions. 

4.  The  particular  attention  of  the  town  superintendent  is  called  to  the 
fact  that  depressions  at  the  approaches  to  culverts  and  bridges  must  be 
promptly  filled  and  the  surface  kept  to  grade. 


126 


The  Use  of  Road  Machines. 

Thirteenth. — Town  superintendents  are  directed  to  cease  using 
road  machines  except  in  shaping  and  crowning  or  turnpiking 
roads. 

NOTE. 

1.  It  has  been  the  common  practice  year  after  year  to  use  road  machines 
for  rut  scraping  and  filling  depressions  when  much  better  results  could  have 
been  accomplished  at  one-third  the  cost  by  the  use  of  a road  hone  or  rut 
scraper. 

2.  There  may  be  exceptions  to  this  rule  and  in  such  cases  a town  super- 
intendent may  use  road  machines  at  such  times  and  at  such  places  to  perform 
work  as  may  be  directed  by  either  the  district  supervisor  or  the  county 
superintendent. 


Sluices,  Calverts  and  Bridges. 

Fourteenth. — In  the  repair  and  construction  of  all  sluices, 
culverts  and  bridges  having  a span  of  less  than  five  feet,  the 
town  superintendent  must  he  very  careful  to  so  construct  and 
repair  the  same  that  they  will  carry  a steam  roller  or  traction 
engine,  and  they  should  always  he  constructed  large  enough  to 
enable  flood  water  to  quickly  flow  away. 

NOTES. 

1.  The  length  of  all  sluices  or  culverts  must  under  no  circumstances  be 
less  than  the  width  of  the  road  and  they  must  be  set  low  enough  so  that  the 
traveled  portion  or  surface  of  the  road  will  be  straight  and  smooth  and  form 
a perfect  grade. 

2.  On  grades  all  sluices  and  culverts  should  be  constructed  diagonally 
across  the  road  and  not  at  right-angles. 

3.  Sluices  and  culverts  of  the  wooden  box  type  must  not  be  constructed 
unless  special  permission  be  granted  by  the  commission,  nor  must  tile  alone  be 
used  for  such  purposes. 

Removal  of  Obstructions. 

Fifteenth. — The  town  superintendent  is  directed  to  cause  the 
removal  of  all  obstructions  within  the  hounds  of  the  State,  county 
and  town  highways. 

NOTES. 

1.  Owners  and  occupants  of  lands  should  be  encouraged  to  preserve  the 
trees  by  the  roadside,  but  the  town  superintendent  must  not  permit  an  ex- 
cessive number  of  trees  to  stand,  particularly  so  where  they  cause  too  much 
shade  and  prevent  the  road  from  drying,  but  no  trees  shall  be  removed  ex- 
cepting that  a written  permit  be  granted  by  the  county  superintendent. 


127 


2.  Branches  of  trees  overhanging  the  highway  so  as  to  interfere  with  the 
public  travel  must  not  be  permitted  and  the  town  superintendent  is  directed 
to  either  remove  them  or  cause  the  same  to  be  done. 

3.  The  town  superintendent  must  not  permit  the  highways  to  be  used  for 
piling  lumber,  wood,  logs,  or  stones  therein,  and  he  must  not  allow  machines, 
vehicles,  and  implements  to  be  abandoned  or  habitually  placed  therein. 

4.  The  town  superintendent  is  directed  to  prohibit  owners  and  occupants 
of  land  using  shade  trees  within  the  bounds  of  the  highways  for  fencing  or 
other  purposes  and  under  no  circumstances  must  he  permit  the  same  to  be 
mutilated  by  telegraph,  telephone  or  trolley  companies. 


Repairs  to  Highways  and  Bridges. 

Sixteenth. — Under  no  circumstances  must  a town  superintend- 
ent construct  a bridge  having  a span  of  five  feet  or  more  unless  it 
is  in  accordance  with  plans  and  specifications  prepared  or  ap- 
proved by  the  county  superintendent. 

NOTES. 

1.  The  construction  of  any  bridge  by  a town  superintendent  not  in  accord- 
ance with  plans  and  specifications  prepared  or  approved  by  the  commission  or 
the  county  superintendent  is  an  illegal  act. 

2.  In  order  that  there  may  be  no  mistake  town  superintendents  must 
understand  that  a town  board  has  no  authority  or  right  under  any  circum- 
stances to  direct  a town  superintendent  to  proceed  in  any  other  manner 
except  in  accordance  with  the  plans  and  specifications  as  above  defined. 

Repairs  to  Highways  and  Bridges. 

Seventeenth. — The  town  superintendent  must  cause  the  high- 
ways and  bridges  to  be  kept  in  repair  and  free  from  obstruction 
and  inspect  the  highways  and  bridges  during  the  months  of  Octo- 
ber and  April  of  each  year. 

NOTES. 

1.  In  making  the  inspection  during  the  month  of  April  he  should  invite 
the  supervisor  and  members  of  the  town  board  to  accompany  him  to  such 
sections  or  portions  of  highways  which,  in  his  judgment,  need  special  care 
and  attention. 

2.  The  April  inspection  must  be  made  as  early  as  possible  in  the  month 
so  that  proper  directions  may  be  given  for  the  work  being  performed  upon 
the  various  parts  or  sections. 

3.  When  making  his  October  inspection  the  town  superintendent  should 
also  invite  the  supervisor  and  members  of  the  town  board  to  accompany  him 
to  those  parts  or  sections  which  need  extra  care  and  attention  and  to  bridges 
which  need  extra  repairs  or  reconstruction,  as  this  inspection  is  made 
for  the  purpose  of  gaining  information  on  which  he  should  base  his  estimate 
or  statement  to  the  town  board  on  the  31st  day  of  October. 


128 


Blank  Forms. 

Eighteenth. — Blank  forms  of  orders,  reports  and  accounts  and 
blank-books  will  be  furnished  by  the  commission,  when  in  their 
judgment  they  are  required  for  their  use  and  also  for  the  con- 
venience of  highway  officers. 


NOTES. 

1.  The  stub  attachments  to  the  blank  forms  of  orders  in  the  order  books 
must  be  carefully  filled  in  and  retained  by  the  town  superintendent  as  a town 
record,  and  filed  with  the  town  clerk  upon  the  31st  day  of  October  in  each 
year. 

2.  This  is  in  accordance  with  the  Highway  Law,  which  provides  that  the 
commission  shall  prescribe  and  furnish  blank  forms  of  orders  to  be  used  by 
the  town  superintendent  and  supervisor  in  keeping  accounts  of  moneys  re- 
ceived and  paid  out. 

Collection  of  Penalties. 

Ninteenth . — The  town  superintendent  must  collect  or  enforce 
the  collection  of  all  penalties. 


NOTES. 

1.  He  must  assess  the  cost  against  owners  and  occupants  for  failure  to 
remove  obstructions  and  also  for  failure  to  cut  and  remove  noxious  weeds, 
briers,  brush,  shrubbery,  and  other  obstructions  within  the  highway  causing 
the  drifting  of  snow. 

2.  He  must  assess  the  cost  against  telephone,  telegraph,  electrical  rail- 
way, and  other  electrical  companies  for  failure  to  remove  and  reset  telephone, 
telegraph,  trolley,  and  other  poles  and  wires  connected  therewith  when  the 
same  shall  constitute  an  obstruction  to  the  use  of  the  highway  by  the  travel- 
ing public. 

3.  He  must  enforce  the  law  which  relates  to  drainage,  sewer  and  water 
pipes,  cattle  passes  and  other  crossings  in  the  highway.  (See  Highway  Law, 
§ 60.) 

4.  He  must  enforce  the  collection  of  a penalty  of  ten  dollars  for  depositing 
and  throwing  loose  stone  in  the  gutters  or  grass  adjoining  the  highway 
or  for  depositing  and  throwing  upon  the  highways  ashes,  papers,  stones, 
sticks,  or  other  rubbish.  (See  Highway  Law,  § 328.) 

5.  He  must  enforce  the  collection  of  treble  damages  for  injury  to  any 
highway  or  bridge,  or  obstructing  or  diverting  any  creek,  water  course  or 
sluice,  or  by  dragging  logs  or  timber  on  its  surface,  or  by  drawing  or  pro- 
pelling over  the  same  a load  of  such  weight  as  to  injure  or  destroy  the  culvert 
or  bridge  along  the  same,  or  of  such  weight  as  will  destroy,  break,  or  injure 
the  surface  of  any  state,  county  or  town  highway,  or  defacing  or  destroying 
any  milestone  or  guide  post  erected  on  any  highway.  (See  Highway  Law, 
§ 330.) 

6.  He  should  thoroughly  enforce  the  provisions  of  section  334  of  the  High- 
way Law,  which  relates  to  injury  to  fruit  or  shade  trees;  section  335  of  the 


129 


Highway  Law,  which  relates  to  the  falling  of  trees  within  the  bounds  of  the 
highway,  a river  or  stream;  and  section  336,  which  relates  to  the  removal 
of  trees  which  have  fallen  within  the  bounds  of  the  highway. 

7.  Section  337  of  the  Highway  Law  provides  that  all  penalties  and  for- 
feitures shall  be  recovered  by  the  town  superintendent  in  the  name  of  the 
town  in  which  the  offense  is  committed.  After  such  recovery  he  must  immedi- 
ately place  the  same  in  the  hands  of  the  supervisor,  who  is  the  custodian. 


Working  Plans. 

Twentieth. — It  is  the  duty  of  the  county  superintendent  to 
advise  and  direct  town  superintendents  how  best  to  repair,  main- 
tain and  improve  highways  and  bridges.  The  town  superintendent 
is  directed  not  to  hesitate  to  request  the  county  superintendent 
to  furnish  him  with  working  plans  for  the  improvement  or  repair 
of  any  highway  or  bridge,  and  also  to  furnish  him  with  a list  of 
State  and  county  highways  to  he  constructed. 

NOTES. 

1.  It  is  the  duty  of  the  town  superintendent  to  carefully  inspect  State 
and  county  highways  designated  for  improvement  in  the  spring  and  fall  of 
each  year,  and  to  mark  or  in  some  substantial  manner  indicate  the  portion 
of  such  designated  highways  which  may  need  special  care  and  attention  in 
the  preparation  of  plans,  specifications,  and  estimates. 

2.  He  should  then  carefully  prepare  recommendations  in  respect  thereto 
and  forward  the  same  to  the  county  superintendent. 

3.  In  case  the  county  superintendent  fails  to  provide  the  town  superin- 
tendent with  plans  and  specifications  for  highways  or  bridges  he  should  im- 
mediately notify  the  commission. 


When  to  Commence  Permanent  Improvements  to  Highways. 

Twenty-first. — Under  no  circumstances  must  a town  superin- 
tendent undertake  to  perform  work  designated  in  the  agreement 
between  the  town  board  and  himself  as  “ permanent  improve- 
ment ” until  he  has  received  a written  permit  from  the  county 
superintendent. 

NOTE. 

1.  This  is  for  the  purpose  of  enabling  the  county  superintendent  to  exer- 
cise the  proper  supervision  as  required  by  section  33  of  the  Highway  Law 
and  to  carry  out  the  rules  and  regulations  as  prescribed  by  the  commission. 


Watering  Troughs. 

Twenty-second. — Watering  troughs  must  be  supplied  with 
fresh  water  and  the  surface  of  the  same  must  be  three  feet 


9 


130 


above  the  level  of  the  ground  and  easily  accessible  for  horses  with 
vehicles,  and  when  possible  such  troughs  must  be  located  on  the 
lower  side  of  the  highway. 


NOTES. 

1.  The  town  superintendent  should  be  careful  to  note  the  location  of  water- 
ing troughs  and  to  require  the  replacing  and  reconstruction  of  the  same 
to  comply  with  this  section. 

2.  Watering  troughs  should  be  constructed  high  enough  so  that  horses  can 
be  watered  without  unchecking  of  a single  or  double  team. 

3.  Watering  troughs  should  always  be  on  the  lower  side  of  the  road  ex- 
cepting where  the  flow  can  be  readily  carried  away  either  by  an  open  ditch 
or  by  a culvert  or  sluice  without  injury  to  the  surface. 

4.  Keep  the  water  off  the  road,  out  of  the  road,  and  away  from  the  road. 

Approaches  to  Private  Lands. 

Twenty-third. — The  town  superintendent  must  insist  upon 
the  construction  and  repair  of  approaches  to  private  lands,  unless 
the  town  board  takes  appropriate  action  making  the  expense 
thereof  a town  charge. 

NOTES. 

1.  When  directed  by  the  town  board  the  expense  of  construction  and  re- 
pair to  approaches  shall  be  a town  charge;  therefore  the  town  superintendent 
should  call  the  attention  of  the  town  board  to  this  question  at  least  once 
each  year  and  should  ask  them  to  pass  a proper  resolution. 

2.  If  the  town  board  fails  to  take  action  it  is  the  duty  of  the  town  super- 
intendent to  strictly  enforce  the  provisions  of  law  and  insist  upon  a full 
compliance  on  the  part  of  the  owner  or  occupant  of  the  lands. 

Not  to  Exceed  Appropriations. 

Twenty- fourth. — The  town  superintendent  does  not  have  the 
right  or  authority  to  exceed  appropriations  or  to  incur  indebtedness 
which  shall  be  binding  upon  the  town. 

NOTES. 

1.  At  least  once  a month  the  town  superintendent  should  ask  the  super- 
visor to  furnish  him  with  a statement  showing  the  amount  of  money  on  hand 
for  the  purposes  as  defined  by  section  90,  subdivisions  1,  2,  3 and  4. 

2.  If  he  exceeds  his  appropriation  the  responsibility  is  his  alone  unless 
the  electors  of  the  town  should  see  fit,  through  the  medium  of  a vote,  to  pro- 
vide means  for  his  relief. 

3.  The  Highway  Law  provides  means  for  furnishing  him  with  a certain 
amount  of  money  which  in  liis  judgment  and  in  the  judgment  of  the  town 
board  is  deemed  necessary  for  the  purpose  of  administering  the  duties  of  his 
office. 


131 


4.  If  the  town  superintendent  has,  without  the  vote  of  the  town,  incurred 
liability  not  provided  for  by  law  he  must  understand  that  the  excess  cannot 
properly  be  regarded  as  a town  charge. 

5.  He  has  no  power  or  authority,  except  as  provided  by  law,  to  bind  the 
town  by  his  individual  contract  or  undertaking,  and  is  individually  re- 
sponsible to  those  with  whom  he  contracts  if  any  responsibility  is  thereby  in- 
curred. His  various  duties  and  obligations  are  explicitly  defined  by  statute. 


Storage  of  Tools,  Implements  and  Machinery. 

Twenty -fifth. — The  town  superintendent  is  directed  to  pro- 
vide a suitable  place  for  housing  and  storing  all  machinery,  tools 
and  implements  owned  by  the  town  and  cause  the  same  to  be 
stored  therein  when  not  in  use. 

NOTES. 

1.  All  road  machines,  steam  rollers,  stone  crushers,  tools,  and  other  imple- 
ments owned  by  the  town  or  highway  districts  must  be  cared  for  by  him  at 
the  expense  of  the  town  and  he  should  be  very  careful  to  provide  for  such 
expense  in  the  third  item  of  his  statement  or  estimate  which  he  is  required 
to  file  on  the  31st  day  of  October  in  each  year. 

2.  The  expense  incurred  for  this  purpose  is  a town  charge  and  must  not 
be  paid  out  of  funds  raised  by  taxes  for  the  improvement  and  repair  of 
highways  and  sluices  having  a span  of  less  than  five  feet,  or  from  moneys 
received  as  State  aid. 


Superintendent  and  Manager. 

Twenty-sixth. — The  town  superintendent  should  understand 
that  he  is  the  superintendent  or  manager  of  highway  and  bridge 

improvement,  repair  and  maintenance  in  his  town. 


NOTES. 

1.  It  is  his  duty  to  organize  his  forces,  give  thorough  instructions  and  di- 
rect the  kind  and  class  of  work  to  be  performed,  subject,  however,  to  such 
directions  as  he  may  receive  from  the  county  superintendent  or  from  the 
commission  or  a direct  representative  of  the  commission. 

2.  It  is  not  desirable  that  a town  superintendent  should  undertake  to 
operate  a road  machine  for  grading  and  scraping  or  to  take  personal  charge 
of  a separate  force  of  men,  except  in  very  small  towns. 

3.  It  may  be  difficult  to  secure  the  services  of  suitable  men  to  operate 
road  machines  for  grading  and  scraping,  therefore  he  should  carefully  con- 
sider this  fact  where  such  conditions  exist  and  make  provisions  therefor 
during  the  winter  and  early  spring  when  he  is  organizing  his  forces. 


132 


Adoption  of  Agreement. 

Twenty-seventh. — The  town  board  and  the  town  superintendent 
constitute  a board  for  the  purpose  of  determining  the  places  where 
and  the  manner  in  which  moneys  shall  be  expended. 

NOTES. 

■ 1.  The  town  clerk  is  a member  of  the  town  board  and  is  also  a member  of 
this  board  and  is  entitled  to  a vote. 

2.  The  town  superintendent  must  not  incur  any  liability  or  perform  any 
work  or  cause  the  same  to  be  done  upon  any  highway  until  an  agreement  has 
been  entered  into  and  signed  in  duplicate  by  a majority  of  the  board  so 
constituted  and  until  the  agreement  has  been  approved  by  the  commission. 

3.  It  is  not  necessary  that  an  agreement  be  entered  into  for  the  expenditure 
of  moneys  as  provided  by  items  2,  3 and  4 of  the  estimate. 


Expenditures. 

Twenty-eighth. — The  supervisor  is  the  custodian  of  all  high- 
way and  bridge  moneys  and  pays  out  the  same  on  the  order  of  the 

town  superintendent. 

NOTES. 

1.  In  the  directions  for  the  guidance  of  supervisors  it  is  stated  that  he 
must  not  under  any  circumstances  disburse  any  money  held  by  him  for  any 
purpose  specified  by  the  Highway  Law  except  upon  the  written  order  of  the 
town  superintendent. 

2.  Blanks  in  book  form  furnished  by  the  commission  for  the  use  ot  the 
town  superintendent  in  giving  orders  upon  the  supervisor  are  not  transfer- 
able and  must  only  be  honored  by  the  supervisor  at  such  times  as  may  be 
agreed  upon  between  the  supervisor  and  the  town  superintendent. 

3.  It  is  bad  practice  for  a town  superintendent  to  give  orders  on  the  super- 
visor except  at  stated  times  and  no  order  given  by  a town  superintendent 
will  be  honored  or  paid  by  the  supervisor  except  it  has  been  presented  to  the 
supervisor  within  twenty  days  after  the  date  of  the  order. 

4.  In  order  to  simplify  the  work  of  the  supervisor  in  keeping  a uniform 
system  of  town  accounts,  he  is  urged  by  the  commission  to  enter  into  an 
agreement  with  the  town  superintendent  in  establishing  a semi-monthly  or 
weekly  pay  day  and  no  orders  given  for  the  repair  or  improvement  of  highways 
should  be  paid  by  him  except  on  such  agreed  and  stated  pay  day. 

5.  The  town  superintendent  is  directed  to  observe  one  of  the  following 
plans,  viz.:  After  an  agreement  has  been  made  between  the  supervisor  and 
the  town  superintendent  for  the  establishment  of  a pay  day,  which  must  be 
semi-monthly  or  weekly,  the  town  superintendent  may  then  on  a day  prior  to 
such  established  pay  day  submit  his  orders  to  the  supervisor  for  inspection 
and  if  the  amount  represented  by  such  orders  meets  with  the  supervisor’s 
approval  the  supervisor  may  advance  the  amount  thereof  and  take  a tem- 
porary receipt  from  the  town  superintendent  therefor.  The  town  superin- 


133 


tendent  may  then  retain  the  order  book  with  the  orders  attached,  and  regu- 
larly filled  out,  but  not  endorsed  by  the  payee,  and  take  the  money  so  ad- 
vanced, thus  enabling  him  to  pay  each  order  after  the  proper  certificate  has 
been  signed  on  the  back  thereof.  When  the  town  superintendent  again  sub- 
mits the  orders  duly  made  out,  prior  to  the  next  established  pay  day,  for 
anotheT  advance  of  money  as  above  indicated,  he  may  then  deliver  the  orders 
with  the  certificate  on  the  back  thereof  duly  signed  and  demand  the  tem- 
porary receipt  previously  given  to  the  supervisor  by  him,  after  surrendering 
to  the  supervisor  any  unpaid  orders  and  the  cash  represented  thereby.  Or, 

Secondly.  The  town  superintendent  may  present  to  the  supervisor  all 
orders  duly  executed  with  the  certificates  signed  on  the  back  (this  is  com- 
mon practice  in  State  affairs)  and  the  supervisor  may  then  draw  his  per- 
sonal checks  payable  to  the  order  of  each  payee  represented  thereby,  or  he 
may  adopt  the  pay  envelope  system  commonly  in  vogue. 

6.  All  moneys  received  and  collected  or  raised  by  the  issue  or  sale  of 
bonds  or  certificates  of  indebtedness  for  purposes  other  than  those  for  which 
an  agreement  is  required  can  only  be  paid  out  by  the  supervisor  after  audit 
by  the  town  board  or  town  board  of  auditors,  but  the  town  superintendent 
is  required  to  make  an  order  upon  the  supervisor  and  attach  the  order  to 
any  bill  that  may  be  presented  before  such  account  or  bill  may  be  audited 
and  paid. 

7.  The  town  superintendent  when  organizing  his  forces  must  have  a perfect 
understanding  with  all  employees  to  the  effect  that  no  payments  shall  be 
made  except  on  pay  days  as  established,  and  that  payment  shall  be  made 
by  the  supervisor  upon  the  superintendent’s  order . 


Appointment  of  Deputy  Town  Superintendent. 

Twenty-ninth. — A deputy  town  superintendent  may  be  ap- 
pointed by  the  town  board  to  assist  the  town  superintendent  in  the 
performance  of  his  duties. 


NOTES. 

1.  If  the  town  superintendent  desires  an  assistant  he  should  notify  the 
town  board,  in  writing,  of  that  fact  and  at  the  same  time  he  may  name  the 
person  he  deems  qualified. 

2.  The  assistant  thus  selected  and  appointed  by  the  town  board  can  only 
act  as  such  when  his  services  may  be  required  by  the  town  superintendent,. 


Inventory  of  Machinery,  Tools  and  Implements. 

Thirtieth. — The  town  superintendent  is  directed  to  make  a 
careful  inventory  of  all  machinery,  tools  and  implements  owned 
by  the  town  or  the  districts  therein,  and  file  the  same  with  the 
supervisor  on  the  31st  day  of  October  in  each  year. 


Compensation. 

Thirty-first. — The  town  board  must  fix  the  compensation  of  the 
town  superintendent  and  the  deputy,  if  there  be  one,  which  shall 
not  be  less  than  two  dollars  and  not  more  than  five  dollars  per  day. 

NOTES. 

1.  The  actual  necessary  expenses  incurred  by  the  town  superintendent  and 
his  deputy,  if  there  be  one,  in  the  performance  of  their  duties  must  be  paid 
by  the  supervisor  monthly  in  advance  of  audit  from  moneys  levied  and  col- 
lected for  such  purpose. 

2.  The  compensation  of  the  town  superintendent  and  his  deputy,  if  there 
be  one,  and  the  expenses  incurred  by  them,  is  a town  charge.  And  none  of 
the  highway  moneys  annually  raised  by  tax  in  the  town  for  highway  pur- 
poses or  which  the  town  receives  as  State  aid  can  be  used  to  directly  or  in- 
directly pay  any  part  of  the  expenses  incurred,  or  for  any  services  performed 
by  the  town  superintendent  or  his  deputy. 


DIRECTIONS  FOR  THE  GUIDANCE  OF  SUPER- 
VISORS. 


First. — After  the  town  superintendent  has  made  his  written 
statement  or  estimate  specifying  the  amount  of  money  necessary 
to  be  levied  and  collected, 

1.  For  the  repair  and  improvement  of  highways,  including 
sluices,  culverts  and  bridges  having  a span  of  less  than  five  feet. 

2.  For  the  repair  and  construction  of  bridges. 

3.  For  the  purchase,  repair  and  storage  of  machinery,  tools  and 
implements. 

4.  For  the  removal  of  obstructions  caused  by  snow  and  other 
miscellaneous  purposes ; 

and  after  the  town  board  at  its  meeting  on  the  Thursday  succeed- 
ing the  general  election  has  approved,  increased  or  reduced  the 
estimate  of  the  town  superintendent,  the  supervisor  must  then 
obtain  his  duplicate  copy  for  presentation  to  the  board  of 
supervisors. 

NOTES. 

1.  The  especial  attention  of  the  supervisor  is  called  to  the  fact  that  under 
no  circumstances  must  the  amount  of  the  estimate,  as  approved  by  the  town 
board,  be  increased  or  decreased.  The  exact  amounts  in  the  estimate  must 
be  levied,  except  as  directed  in  notes  3 and  4. 

2.  The  supervisor  should  first  ascertain  the  equalized  assessed  valuation  of 
his  town,  and  divide  that  amount  by  the  number  of  miles  of  road  in  his  town 
outside  of  incorporated  villages  to  ascertain  the  amount  of  assessed  valuation 
per  mile  of  road. 

3.  Provided  the  amount  of  the  estimate  as  approved  by  the  town  board  is 
less  than  the  minimum  amount  required  by  law  to  be  raised,  which  is  an 
amount  of  money  which,  when  added  to  the  amount  of  money  to  be  paid 
by  the  State  as  State  aid,  will  equal  thirty  dollars  per  mile,  then  the  super- 
visor is  authorized  and  must  increase  the  amount  of  the  estimate  to  the 
necessary  amount. 

4.  In  case  the  estimate  is  increased  as  directed  in  note  2,  the  supervisor 
is  directed  to  immediately  cause  the  estimate  on  file  in  the  town  clerk’s 
office  to  be  corrected,  and  direct  the  town  clerk  to  forward  a corrected 
estimate  to  the  county  superintendent. 


135 


5.  In  determining  the  amount  of  money  necessary  to  make  the  minimum 
thirty  dollars  per  mile,  the  supervisor  will  be  aided  by  the  following  table, 
which  shows  the  amount  which  must  be  raised  by  the  town  according  to  the 
valuation  per  mile: 


On  valuations  less  than  $3,751  the  tax 

$1,000  assessed  valuation. 

must 

be  $4 

on 

each 

On 

valuations 

from 

$3,751 

to 

$4,999.99 

raise 

$15.00 

per 

mile 

On 

valuations 

from 

5,000 

to 

6,999.99 

raise 

15.79 

per 

mile 

On 

valuations 

from 

7,000 

to 

8,999.99 

raise 

16.67 

per 

mile 

On 

valuations 

from 

9,000 

to 

10,999.99 

raise 

17.65 

per 

mile 

On 

valuations 

from 

11,000 

to 

12,999.99 

raise 

18.75 

per 

mile 

On 

valuations 

from 

13,000 

and  over 

raise 

20.00 

per 

mile 

6.  The  supervisor  should  explain  to  the  town  board  the  necessity  for  ap- 
proving the  town  superintendent’s  estimate  for  an  amount  sufficient  to  meet 
any  and  all  necessary  expenses  that,  in  their  honest  judgment,  may  ba 
incurred  during  the  ensuing  year. 

7.  The  supervisor  must  understand  that  no  provision  is  made  by  law  for 
raising  money  for  any  purposes  provided  for  by  the  Highway  Law  unless 
it  is  included  in  the  estimate  approved  by  the  town  board,  excepting  that 
necessary  moneys  therefor  may  be  transferred  from  the  excise  fund  or  any 
other  funds  of  like  character. 

8.  In  the  estimate  of  the  town  superintendent,  as  approved  by  the  town 
board,  if  no  provision  is  made  for  necessary  expenses  under  items  2,  3,  and  4, 
or  all  of  them,  a memorandum  must  be  made  opposite  each  item  stating 
from  what  fund  or  funds  the  necessary  money  to  meet  such  obligations  is  to 
be  obtained.  This  is  essential  in  order  that  the  estimate  forwarded  to  the 
commission  may  be  properly  checked  and  placed  in  the  permanent  files. 

9.  In  October  of  each  year  the  supervisor  will  find  it  to  his  advantage  to 
accompany  the  town  superintendent  when  making  inspection  of  highways  and 
bridges,  or  the  supervisor  himself  should  personally  inspect  such  highways 
or  sections  thereof,  and  bridges  which,  in  his  judgment,  might  need  especial 
attention.  This  will  enable  him  to  become  familiar  with  the  general  con- 
ditions of  the  highways  and  bridges  within  the  town,  to  the  end  that  he 
may  be  able  to  assist  the  town  superintendent  in  making  his  annual  state- 
ment or  estimate. 

10.  The  possession  of  this  information  would  also  enable  him  to  make 
proper  recommendation  to  the  town  board  in  relation  to  the  approval  or 
modification  of  such  statement  or  estimate. 

11.  The  law  does  not  intend  that  the  amount  of  the  first  item  should  be 
extended  as  a separate  tax,  but  should  be  treated  as  other  town  charges  are. 
In  towns  having  incorporated  villages  it  will  be  necessary  to  make  a multi- 
plier or  tax  ratio  for  property  within  the  village  and  a different  one  for  that 
outside  the  corporation,  but  all  the  tax  of  the  town  should  be  extended  in 
a single  column. 

12.  The  Commission  suggests  that  the  estimates  be  referred  to  a committee 
of  the  board  of  supervisors,  and  that  the  committee  use  the  following  as  being 
a convenient  and  practical  form  in  levying  these  taxes: 

Resolution  offered  by  the  committee  on  through  its  chairman, 

Mr.  , levying  a tax  upon  the  taxable  property  of  the  several 

towns  in  county,  for  highway  purposes  as  provided  by  sections 

90  and  91  of  the  Highway  Law: 


Whereas,  The  town  superintendents  of  the  several  towns  of 
county  have  made  an  estimate  of  the  amount  of  money  necessary  to  be  raised 
by  tax  for  the  improvement  of  the  highways  and  bridges  and  other  miscella- 
neous highway  purposes  of  their  respective  towns,  as  provided  by  section  90 
of  the  Highway  Law;  and 

Whereas,  The  respective  town  boards  have  approved  or  changed  said  esti- 
mates, as  provided  by  section  91  of  the  Highway  Law, 

Therefore,  Be  It  Resolved,  That  the  said  estimates  as  approved  by  the  town 
boards  be  received  and  the  sum  set  opposite  the  name  of  the  respective  towns 
in  the  column  which  bears  the  heading,  “Amount  of  1st  Item”  (which  is 
the  amount  of  the  First  Item  in  said  estimates),  be  assessed,  levied  and  col- 
lected upon  the  taxable  property  of  the  respective  towns,  exclusive  of  the 
property  within  the  limits  of  the  incorporated  village  or  villages  of  their 
respective  towns  which  maintain  their  streets  and  highways  as  a separate 
road  district,  and  be  it  further 

Resolved,  That  the  sum  set  opposite  the  names  of  the  respective  towns,  in 
the  columns  which  bear  the  heading,  “Amount  of  2nd  Item,”  “Amount  of 
3rd  Item  ” and  “Amount  of  4th  Item  ” ( which  is  the  amount  of  the  Second, 
Third  and  Fourth  Items  of  said  estimates  as  approved  by  the  various  town 
boards)  be  assessed,  levied  and  collected  upon  the  entire  taxable  property  of 
the  various  towns  of  county,  as  follows,  that  is  to  say: 

Amount  of  Amount  of  Amount  of  Amount  of 
Name  of  town.  1st  Item.  2nd  item.  3rd  Item.  J^th  Item. 


And  that  the  several  amounts  when  collected  shall  be  paid  to  the  supervisors 
of  the  respective  towns,  to  be  paid  out  by  them  as  provided  by  law. 


Chairman. 


Custodian. 


Committee. 


Second. — The  supervisor  is  the  custodian  of  all  moneys  levied 
and  collected  and  paid  to  the  town  by  the  State,  as  provided  in 
the  Highway  Law,  and  all  moneys  collected  as  penalties  or  re- 
ceived from  any  other  source  and  available  for  highways,  bridges 
and  miscellaneous  highway  purposes. 

NOTES. 

1.  The  supervisor  is  directed  to  deposit  in  such  bank  as  he  may  select, 
in  a separate  and  special  account,  all  moneys  received  by  tax,  which  must 


138 


be  indicated  in  the  first  item  of  the  estimate  as  approved  by  the  town  board, 
and  all  moneys  received  from  the  State  as  State  aid,  and  also  any  moneys 
received  from  any  source  whatever  for  the  repair  and  improvement  of 
highways. 

2.  Money  given  to  a town  by  private  individuals  for  specific  purposes,  or 
for  general  highway  improvement,  should  be  placed  in  the  hands  of  the 
supervisor  as  custodian,  and  the  supervisor  is  then  accountable  therefor. 

3.  Before  receiving  such  moneys,  the  supervisor  must  give  a bond  or  under- 
taking, which  must  be  approved  by  the  town  board,  and  the  law  requires 
that  the  commission  shall  approve  the  bond  as  to  its  sufficiency,  but  the  com- 
mission will  not  pass  upon  the  sureties  on  the  bond. 

4.  The  commission  has  prepared  a blank  form  of  bond  which  will  be  fur 
nished  to  supervisors  and  it  is  the  desire  of  the  commission  that  these  bonds 
be  used. 

5.  The  commission  specifies  the  amount  of  the  bond  to  be  furnished  by 
the  supervisor,  to  be  in  a sum  equal  to  twice  the  amount  of  money  which 
the  supervisor  is  to  receive  for  highway  purposes.  In  cases  where  individual 
bonds  are  given  and  where  surety  company  bonds  are  given  the  amount  of 
the  bond  shall  be  for  an  amount  equal  to  the  amount  of  highway  monies  to 
be  received. 

6.  The  bond  or  undertaking  must  be'  filed  in  the  office  of  the  town  clerk, 

and  a certified  copy  of  the  same  must  be  filed  in  the  office  of  the  county 
treasurer  before  any  moneys  can  be  paid  to  the  supervisor.  A certified  copy  1 

of  the  bond  or  undertaking  must  also  be  filed  in  the  office  of  the  commission 

at  Albany  for  approval  as  to  its  sufficiency,  before  receiving  any  moneys 
from  the  county  treasurer. 


Disbursements. 

Third. — The  supervisor  must  not,  under  any  circumstances, 
disburse  any  moneys  held  by  him  for  any  purposes  specified  by 
the  Highway  Law,  except  upon  the  written  order  of  the  town 
superintendent. 

NOTES. 

1.  Blanks  in  book  form,  furnished  by  the  commission  for  the  use  of  the 
town  superintendent  in  giving  orders  upon  the  supervisor,  are  not  trans- 
ferable, and  must  only  be  honored  by  the  supervisor  at  such  time  as  may 
be  agreed  upon  between  the  supervisor  and  the  town  superintendent. 

2.  It  is  bad  practice  to  allow  a town  superintendent  to  give  orders  on  the 
supervisor  except  at  stated  times,  and  no  order  given  by  a town  super- 
intendent should  be  honored  or  paid  by  the  supervisor  except  it  has  been 
presented  to  the  supervisor  for  payment  and  entry  upon  the  account  book 
furnished  by  the  commission  within  twenty  days  after  the  issuance  thereof. 

3.  In  order  to  simplify  the  work  of  the  supervisor  in  keeping  a uniform 
system  of  town  accounts,  he  is  urged  by  the  commission  to  enter  into  an 
agreement  with  the  town  superintendent  establishing  a semi-monthly  or 
weekly  pay  day,  and  no  orders  given  for  the  repair  and  improvement  of 
highways  should  be  paid  by  him  except  upon  such  agreed  and  stated  pay  days. 

4.  The  supervisor  is  directed  to  observe  one  of  the  following  plans,  viz: 
After  an  agreement  has  been  made  between  the  supervisor  and  the  town 


130 


superintendent  in  the  establishment  of  a pay  day,  which  must  he  semi-monthly 
or  weekly,  the  town  superintendent  may  then,  on  a day  prior  to  such 
established  pay  day,  submit  his  orders  to  the  supervisor  for  inspection,  and 
if  the  amount  represented  by  such  orders  meets  with  the  supervisor’s  ap- 
proval, he  may  advance  the  amount  thereof  and  take  a temporary  receipt 
therefor.  The  town  superintendent  may  then  retain  the  order  book  with 
the  orders  attached  and  regularly  filled  out  but  not  endorsed  by  the  payee, 
and  take  the  money  so  advanced,  thus  enabling  him  to  pay  each  order  after 
the  proper  certificate  has  been  signed  on  the  back  thereof.  When  the  town 
superintendent  submits  the  orders  duly  made  out,  prior  to  the  next  established 
pay  day,  for  another  advance  of  money  as  above  indicated,  he  may  then 
deliver  the  orders  detached  from  the  order  book,  with  certificates  on  the 
back  thereof  duly  signed,  and  demand  the  temporary  receipt  previously 
given  to  the  supervisor  by  him  after  surrendering  to  the'  supervisor  any 
unpaid  orders  and  the  cash  represented  thereby.  Or,  secondly,  the  town 
superintendent  may  present  to  the  supervisor  all  orders  duly  executed,  with 
the  certificates  signed  on  the  back  (this  is  the  common  practice  in  State 
affairs),  and  the  supervisor  may  then  draw  his  personal  checks  payable  to 
the  order  of  each  payee  represented  thereby,  or  may  adopt  the  pay  envelope 
system  commonly  in  vogue. 

5.  All  moneys  received  and  collected,  or  raised  by  the  issue  or  sale  of  bonds 
or  certificates  of  indebtedness  for  purposes  other  than  those  for  which  an 
agreement  is  required,  can  only  be  paid  out  by  the  supervisor  after  audit 
by  the  town  board,  or  the  town  board  of  auditors. 

6.  Special  attention  of  the  supervisor  is  called  to  the  fact  that  no  accounts 
must  be  audited  or  paid  unless  the  expenditure  be  in  accordance  with  the 
annual  estimate  of  the  town  superintendent,  as  approved  by  the  town  board, 
or  after  authorization  of  the  town  board,  and  subsequent  to  a vote  of  the 
electors  of  the  town  at  a biennial  or  special  town  meeting,  except  in  the 
case  of  transfer  of  moneys  from  other  funds. 

7.  Bills  and  accounts  for  highway,  bridge  and  miscellaneous  purposes  cannot 
be  audited  and  paid  unless  actual  proof  has  been  made'  therefor,  and  under 
no  circumstances  must  a liability  be  incurred  against  the  town,  excepting 
that  the  money  necessary  to  meet  such  liability  is  on  hand  and  available. 

8.  Should  the  supervisor  discover  that  the  town  superintendent  is  per- 
forming work,  or  causing  the  same  to  be  performed,  contrary  to  the  pro- 
visions of  the  agreement,  he  should  immediately  notify  the  commission  of 
such  fact  so  that  an  investigation  may  immediately  be  made  and  charges  be 
preferred  against  the  town  superintendent,  in  accordance  with  section  46  of 
the  Highway  Law,  which  provides  for  the  removal  of  the  town  superintendent. 

9.  The  town  superintendent  is  directed  to,  at  least  once  each  month,  ask 
the  supervisor  to  furnish  him  with  a statement  showing  the  amount  of  money 
on  hand  for  purposes  defined  by  section  90,  subdivisions  1,  2,  3,  and  4;  and 
the  supervisor  is  directed  to  furnish  him  with  such  statement  so  that  the 
town  superintendent  may  have  no  excuse  for  causing  work  to  be  performed 
without  there  being  funds  available  therefor. 

Supervisor’s  Report. 

Fourth . — The  supervisor  shall  present  to  the  town  hoard  and 
the  town  board  of  audit,  if  there  he  one.  at  the  meeting  held  on  the 


140 


Thursday  succeeding  general  election,  his  uniform  system  of  ac-  ^ 

counts,  together  with  all  vouchers,  and  his  verified  Highway, 

Bridge  and  Miscellaneous  Report  for  audit. 

NOTES.  f 

1.  It  is  clearly  the  intent  of  the  Highway  Law  that  these  accounts  and 
reports  must  be  audited  at  this  meeting. 

2.  The  form  of  this  report  is  prescribed  by  the  commission  and  is  in  the 
back  of  the  account  book,  whicii  must  be  filed  in  the  office  of  the  town  clerk, 
and  be  open  to  public  inspection  during  his  office  hours. 

3.  The  supervisor  is  directed  to  call  the  attention  of  the  town  clerk  to  the 
fact  that  it  is  his  duty  to  provide  the  supervisor  with  a certified  copy  of  the 
Highway,  Bridge  and  Miscellaneous  Report,  which  is  to  be  filed  by  him  with 
the  clerk  of  the  board  of  supervisors  for  publication  in  the  proceedings  of 
the  board;  also  that  it  is  the  duty  of  the  town  clerk  to  furnish  the  town 
board  with  a certified  copy  to  be  published  in  a newspaper  as  required  by  law. 

4.  The  supervisor  is  directed  to  call  the  attention  of  the  clerk  of  the 
board  of  supervisors  to  the  fact  that  it  is  his  duty  to  transmit  three  copies 
of  the  journal  of  the  proceedings  of  the  board  containing  such  report  to  the 
commission,  and  three  copies  to  the  comptroller. 

«-  * 
( 

Uniform  System  of  Town  Accounting. 

Fifth. — The  supervisor  is  directed  to  keep  the  account  book 
which  is  furnished  by  the  commission,  in  accordance  with  the 
directions  printed  on  the  inside  of  the  front  cover. 

NOTES. 

1.  This  account  book  must  be  regularly  kept,  so  that  auditors  of  accounts, 
or  other  representatives  of  the  commission,  may  be  able  to  promptly  inspect 
the  same  and  make  their  required  report  to  the  commission. 

2.  Under  no  circumstances  shall  the  supervisor  allow  orders  given  by 
the  town  superintendent  to  accumulate  prior  to  entry  upon  the  account  book. 

3.  Under  no  circumstances  shall  the  supervisor  accept  or  pay  an  order  of 

the  town  superintendent  unless  the  blank  form  of  order  prescribed  by  the 
commission  is  used.  « 

4.  All  orders  and  records  of  accounts  must,  at  the  end  of  the  fiscal  year, 
be  filed  in  the  office  of  the  town  clerk  and  preserved  as  a part  of  the  town 
records. 

5.  The  supervisor,  town  clerk  and  town  superintendent  must  produce  all  , 

records  and  accounts  for  examination  and  inspection  at  any  time  on  the 

demand  of  a representative  of  the  commission. 


Compensation  of  Supervisor. 

Sixth. — The  supervisor  is  directed  to  call  the  attention  of  the 
town  hoard  to  the  foregoing  directions,  in  order  that  the  town 


141 


board  may  intelligently  fix  bis  compensation  for  such  services,  as 
provided  by  section  110  of  the  Highway  Law. 

NOTE. 

1.  All  moneys  paid  to  the  supervisor  for  services  rendered  in  receiving 
and  paying  out  moneys,  as  provided  by  the  Highway  Law,  and  the  keeping 
of  the  necessary  accounts,  is  a town  charge,  and  is  not  chargeable  against 
any  fund  raised  for  any  other  purpose. 

2.  The  compensation  fixed  by  the  town  board  is  in  lieu  of  all  other  fees 
or  compensation  heretofore  allowed  the  supervisor  for  his  services  under  the 
Highway  Law. 


DIRECTIONS  FOR  THE  GUIDANCE  OF  TOWN 
CLERKS. 


First. — Town  clerks  are  directed  to  prepare  and  forward  to  the 
commission,  within  ten  days  after  due  qualification,  correct  lists 
showing  the  names,  postoffice  addresses,  date  of  appointment  or 
election,  and  the  expiration  of  the  terms  of  office  of  the  following 
officers,  namely:  Supervisors,  town  clerk,  justices  of  the  peace, 
town  superintendent  and  assessors. 

NOTES. 

1.  Blank  forms  for  the  use  of  town  clerks  in  furnishing  the  above  informa- 
tion will  be  furnished  by  the  commission. 

2.  In  preparing  such  list  the  town  clerk  is  particularly  requested  to  be  very 
careful  and  furnish  the  full  Christian  name  of  each  officer;  and  he  should 
also  be  very  particular  to  thoroughly  inform  himself  as  to  the  actual  post- 
office  addresses,  so  that  there  may  be  no  unnecessary  delay  in  the  trans- 
mission of  mail  or  other  matter  to  each  individual  by  the  commission. 

3.  Any  failure  on  the  part  of  the  town  clerk  to  furnish  the  information  as 
directed  by  the  commission  or  comptroller  is  a breach  of  contract  on  the  part 
of  the  town,  and  might  be  a cause  for  withholding  the  moneys  otherwise  due 
the  town  from  the  State,  as  State  aid. 

Member  of  the  Town  Board. 

Second. — The  town  clerk  is  a member  of  the  town  board.  (See 
Town  Law,  § 160.) 

NOTES. 

1.  The  board,  for  the  purpose  of  determining  the  places  where,  and  the 
manner  in  which  moneys  for  highway  and  bridge  purposes  are  to  be  expended, 
is  constituted  as  follows,  viz:  The  supervisor,  town  clerk,  justices  of  the 
peace,  and  town  superintendent. 

2.  An  agreement  for  the  expenditure  of  money  for  the  repair  and  improve- 
ment of  the  town  highways  must  be  entered  into  and  signed  in  triplicate  by  a 
majority  of  the  members  of  the  board  so  constituted. 

3.  The  town  clerk  must  forward  these  three  agreements  to  the  commission. 
If  approved,  one  copy  will  be  returned  by  the  commission  to  the  town  clerk, 
which  must  be  filed  in  his  office,  and  one  copy  will  be  forwarded  to  the  dis- 
trict or  county  superintendent.  The  third  copy  will  be  retained  by  the 
commission. 


143 


Compensation  of  Town  Clerk. 

Third. — The  town  clerk  is  directed  to  call  the  attention  of  the 
town  board  to  the  duties  which  he  must  perform,  in  order  that  they 
may  properly  fix  the  compensation  for  his  services,  as  provided 
by  the  Town  Law. 

NOTES. 

1.  The  town  board  may  fix  the  compensation  in  advance,  or  compensation 
may  be  made  after  services  shall  have  been  rendered.  The  compensation  to  be 
fixed  by  the  town  board  is  purely  a question  for  the  town  board  to  decide,  as 
to  the  amount  thereof  or  whether  a system  of  compensation  shall  be  adopted, 
commonly  known  as  the  “ fee  ” system.  It  is,  however,  suggested  that  the 
town  board  should  not  act  hastily,  and  that  the  compensation  shall  not  be 
fixed  until  the  town  board  has  thoroughly  satisfied  itself  as  to  the  value  of 
his  services. 

2.  Any  money  paid  to  the  town  clerk  for  services  shall  not  be  charged 
against  any  fund,  except  that  it  is  raised  for  such  purpose. 


Filing  of  Town  Records. 

Fourth. — The  town  clerk  is  directed  to  carefully  observe  the 
provisions  of  the  Highway  Law  which  relate  to  the  filing  of  records 
and  also  the  rules  and  regulations  of  the  commission  which  relate 
thereto.  He  is,  therefore,  directed  to  receive  and  file, 

First. — The  supervisor’s  book  of  uniform  highway,  bridge  and  miscel- 
laneous accounts  in  which  is  bound  his  annual  report. 

Second. — All  orders  from  the  town  superintendent  on  which  payments  have 
been  made. 

Third. — The  town  superintendent’s  stub  books  from  which  said  orders  were 
drawn. 

Fourth. — A list  of  persons  employed  by  the  town  superintendent  with  the 
compensation  paid  to  each  and  the  capacity  in  which  they  are  employed. 

Fifth. — All  bids  for  contracts  and  contracts  awarded. 

Sixth. — The  recommendations  of  the  district  or  county  superintendent  aa 
to  what  machinery,  tools  and  implements  should  be  purchased. 

Seventh. — Any  orders,  together  with  any  maps  or  diagrams  which  may  show 
the  location  of  sidewalks  and  trees,  certified  to  by  the  town  superintendent. 

Eighth. — The  report  of  the  town  superintendent  showing  the  mileage  of 
highways  in  accordance  with  blank  report  furnished  by  this  department. 

Ninth. — Certificates  issued  by  the  district  or  county  superintendent  relative 
to  the  closing  of  highways  during  repair  and  construction. 

Tenth. — The  bond  of  the  supervisor  of  which  he  shall  also  make  two  certi- 
fied copies  and  forward  one  to  the  county  treasurer  and  one  to  the  commission. 

Eleventh. — Copies  of  all  certificates  of  indebtedness  issued  by  the  consent 
of  the  town  board  and  any  and  all  communications,  recommendations,  notices 
relating  to  the  repair  and  improvement  of  highways  as  provided  for  by 
chapter  330,  known  as  the  Highway  Law. 


144 


Preparation  of  Reports. 

Fifth . — The  town  clerk  shall  provide  the  supervisor  with  a 
certified  copy  of  the  annual  Highway,  Bridge  and  Miscellaneous 
Report  which  he  is  called  upon  to  file  with  the  clerk  of  the  board 
of  supervisors  for  publication  in  the  annual  proceedings.  He  shall 
also  provide  his  town  hoard  with  a certified  copy  of  this  report  to 
be  used  by  them  for  publication  in  a newspaper. 

NOTE. 

1.  It  is  important  that  the  town  clerk  should  furnish  the  certified  copies 
of  this  report  immediately  following  the  filing  of  the  same  with  him  by  the 
supervisor. 


Estimate  as  Approved  by  Town  Board. 

Sixth. — The  town  clerk  is  a member  of  the  town  board  which 
must  approve  or  disapprove  of  the  estimate  of  the  town  superin- 
tendent and  must  preserve  as  a town  record  the  proceedings  of  the 
town  board  in  relation  thereto. 

NOTES. 

1.  The  estimate  must  be  signed  in  duplicate  and  one  filed  in  the  office  of 
the  town  clerk. 

2.  The  supervisor  must  be  furnished  with  a duplicate  of  the  estimate  to  be 
delivered  by  him  to  the  clerk  of  the  board  of  supervisors. 

3.  It  is  the  duty  of  the  town  clerk  to  forward  a certified  copy  of  the  esti- 
mate to  the  commission. 

Statement  Regarding  Extraordinary  Repairs. 

Seventh. — The  town  clerk  shall  prepare  a statement  showing 
the  probable  cost  of  improving,  repairing  or  rebuilding  any  high- 
way or  bridge  which  shall  at  any  time  be  damaged  or  destroyed 
by  the  elements  or  otherwise,  or  become  unsafe  for  public  use  or 
travel  or  if  any  bridge  be  condemned  by  the  commission. 

NOTES. 

1.  The  statement  must  be  signed  in  duplicate  by  a majority  of  the  mem- 
bers of  the  town  board,  one  of  which  duplicates  shall  be  filed  in  the  office  of 
the  town  clerk  and  one  must  be  delivered  to  the  supervisor.  It  is  then  the 
duty  of  the  town  clerk  to  make  a copy  of  the  same  and  transmit  it  to  the 
commission. 

2.  Copies  of  any  certificates  of  indebtedness  or  records  showing  the  action 
of  the  town  board  in  providing  money  to  meet  the  expenses  incurred  for 
extraordinary  repairs  to  highways  and  bridges  must  also  be  forwarded  to  the 

commission. 

3.  Information  necessary  to  enable  the  town  clerk  to  make  a statement  of 
khis  character  must  be  furnished  by  the  district  or  county  superintendent. 


THE  HIGHWAY  LAW 

OF  THE 

STATE  OF  NEW  YORK 


' L.  1909,  chap . 30. — An  Act  Relating  to  Highways,  Con- 
stituting Chapter  Twenty-Five  of  the  Consolidated  Laws. 

(In  effect  February  17,  1909.) 

As  amended  by  the  Legislatures  of  1909  and  1910. 
CHAPTER  XXV  OF  THE  COXSOLIDATED  LAWS. 


HIGHWAY  LAW. 


Article  I.  Short  title  and  definitions  (§§  1-3). 

II.  Department  of  highways  (§§  10-22). 

III.  District  or  county  superintendents  (§§  30-33). 

IV.  Town  superintendents;  general  powers  and  duties  (§§  40-77). 

V.  Highway  moneys;  state  aid  (§§  90-111). 

VI.  State  and  county  highways  (§§  120-157). 

VII.  Maintenance  of  state  and  county  highways  (§§  170-179). 

VIII.  Laying  out,  altering  and  discontinuing  highways;  private  roads 
(§§  190-240). 

IX.  Bridges  (§§  250-262). 

X.  Ferries  (§§  270-274). 

XI.  Motor  vehicles.  (§§  280-310). 

XII.  Miscellaneous  provisions  (§§  320-343). 

XIII.  Saving  clauses;  laws  repealed;  when  to  take  effect  (§§  350-358). 


10 


145- 


146 


ARTICLE  I. 

Short  Title  and  Definitions. 

Section  1.  Short  title.  f 

2.  Definitions. 

3.  Classification  of  highways. 

Section  1.  Short  title. — This  chapter  shall  be  known  as  the 
“ Highway  Law.” 

§ 2.  Definitions. — 1.  The  term  “ department,”  when  used  in  this 
chapter,  shall  mean  the  department  of  highways  as  constituted 
herein. 

2.  The  term  “ commission,”  when  so  used,  shall  mean  the  state 

commission  of  highways.  \ 

3.  The  term  “ district  superintendent  ” or  “ county  superin- 
tendent,” when  so  used,  shall  mean  the  district  superintendent 
of  highways  or  county  superintendent  of  highways  respectively. 

4.  The  term  “ town  superintendent,”  when  so  used,  shall  mean 
the  town  superintendent  of  highways. 

5.  A highway  within  the  provisions  of  this  chapter  shall  be 
deemed  to  include  necessary  culverts,  sluices,  drains,  ditches, 
waterways,  embankments,  retaining  walls  and  all  bridges  having 
a span  of  five  feet  or  less. 

Sidewalks  as  part  of  highway.  A sidewalk  is  as  much  a part  of  the  high- 
way as  the  traveled  wagon  road.  People  v.  Meyer,  Misc.  117,  56  N.  Y.  Supp. 

1097,  1099  (1899). 

Private  roads.  Provisions  are  made  in  this  chapter  for  the  laying  out  of 
private  roads.  See  Highway  Law,  §§  211-226.  As  to  what  constitutes  a 
dedication  of  a private  road  as  a public  highway,  see  Highway  Law,  § 191, 
and  the  cases  cited  thereunder. 

§ 3.  Classification  of  highways. — Highways  are  hereby  di- 
vided into  four  classes: 

1.  State  highway®  are  those  constructed  or  improved  under  , 

this  chapter  at  the  sole  expense  of  the  state,  including  those  high- 
ways specified  and  described  in  section  one  hundred  and  twenty 

of  this  chapter. 

2.  County  highways  are  those  heretofore  or  hereafter  con- 
structed or  improved  at  the  joint  expense  of  state,  county  and 
town,  as  provided  by  law,  except  those  highways  specified  and 
described  in  section  one  hundred  and  twenty  of  this  chapter. 


147 


3.  County  roads  are  those  designated  as  such  under  a general  or 
special  law  and  constructed,  improved,  maintained  and  repaired 
by  the  county  as  such  in  counties  in  which  the  county  road  system 
has  been  or  may  be  adopted. 

4.  Town  highways  are  those  constructed,  improved  or  main- 
tained by  the  town  with  the  aid  of  the  state,  under  the  provisions 
of  this  chapter,  including  all  highways  in  towns,  outside  of  incor- 
porated villages  constituting  separate  road  districts,  which  do  not 
belong  to  either  of  the  three  preceding  classes. 

As  amended  by  L.  1910,  cliap.  567. 


ARTICLE  II. 

Department  of  Highways. 

Section  10.  Department  of  highways  established. 

11.  State  commission  of  highways;  deputies;  secretary  and  other 

clerks,  officers  and  employees. 

12.  Oath  of  office;  undertakings. 

13.  Principal  office;  official  seal;  stationery. 

14.  Salaries  and  expenses. 

15.  General  powers  and  duties  of  the  commission. 

16.  Division  of  state;  division  engineers. 

17.  Duties  of  division  engineers. 

18.  Blank  forms  and  town  accounts. 

19.  Examination  of  accounts  and  records. 

20.  Condemnation  of  bridges. 

21.  Estimate  of  cost  of  maintenance  of  state  and  county  highways. 

22.  Buies  and  regulations  for  state  and  county  highways. 

§ 10.  Department  of  highways  established. — There  is  hereby 
established  a department,  to  be  known  as  a department  of  high- 
ways, which  shall  be  constituted  as  provided  in  this  chapter, 
and  shall  have  the  powers  and  perform  the  duties  hereinafter 
prescribed. 

§ 11.  State  commission  of  highways;  deputies,  secretary,  and 
other  clerks,  officers  and  employees. — On  or  before  the  tenth  day 
of  January,  nineteen  hundred  and  nine,  the  governor  shall  ap- 
point three  commissioners  of  highways,  by  and  with  the  advice 
and  consent  of  the  senate,  who  shall  constitute  the  state  commis- 
sion of  highways,  and  shall  devote  all  of  their  time  to  the  duties 
of  their  office.  Of  the  commissioners  first  appointed  one  shall  be 
designated  by  the  governor  as  chairman  during  the  term  of  office 
of  said  commissioner.  One  of  them  shall  be  a practical  civil  en- 
gineer who  shall  have  had  actual  experience  in  the  construction 


148 


of  highways  and  bridges.  The  commissioners  first  appointed 
hereunder  shall  hold  office  for  terms  of  two,  four  and  six  years 
commencing  on  the  first  day  of  January,  nineteen  hundred  and 
nine,  to  be  designated  by  the  governor  when  making  the  appoint- 
ment. One  of  such  commissioners  shall  belong  to  the  party  cast- 
ing at  the  last  preceding  state  election  the  next  to  the  highest  num- 
ber of  votes  for  governor,  and  whenever  appointments  are  made 
to  fill  vacancies  caused  by  the  expiration  of  term  or  otherwise 
they  shall  be  made  so  that  at  least  one  of  such  commissioners  shall 
belong  to  such  party.  Upon  the  expiration  of  each  such  terms 
the  term  of  office  of  each  commissioner  thereafter  appointed  shall 
be  six  years  from  the  first  day  of  January  succeeding  the  ex- 
piration of  the  term  of  office  of  his  predecessor.  If  a vacancy 
shall  occur  otherwise  than  by  expiration  of  term  it  shall  be 
filled  by  appointment  for  the  unexpired  term.  The  commis- 
sion shall  appoint  two  deputies,  each  of  whom  shall  have 
had  practical  experience  in  the  actual  building,  construction  and 
maintenance  of  highways  and  be  familiar  with  the  operation  and 
effect  of  state  statutes  relating  to  highways  and  bridges.  One  of 
such  deputies  shall  be  known  as  the  first  deputy  and  his  duties 
shall  relate  to  the  maintenance  of  state  and  county  highways ; 
the  other  shall  be  known  as  the  second  deputy,  and  his  duties 
shall  relate  to  the  improvement,  repair  and  maintenance  of  town 
highways  and  bridges.  Each  of  such  deputies  shall  have  such 
other  and  further  duties  as  may  be  imposed  upon  him  by  the 
commission.  The  commission  shall  appoint  a secretary  who  shall 
have  the  duties  prescribed  by  the  commission.  The  commission 
shall  appoint  such  resident  engineers,  clerks,  officers  and  em- 
ployees as  may  be  required  to  carry  out  the  provisions  of  this 
chapter,  subject  to  the  civil  service  laws  and  the  provisions  of  this 
chapter,  within  the  amount  appropriated  therefor,  unless  the 
appointment  of  such  clerks,  officers  or  employees  is  otherwise 
provided  for  herein.  District  superintendents,  appointed  as  pro- 
vided in  this  chapter,  shall  be  appointed  from  lists  prepared 
from  examinations  which  shall  test  their  qualifications  for 
the  actual  construction  and  maintenance  of  highways  and  their 
executive  capacity,  rather  than  their  scientific  attainments. 
Clerks,  other  than  those  employed  in  the  principal  office  of  the 
commission,  inspectors  and  other  employees  in  the  department 
whose  duties  pertain  to  the  maintenance  of  highways,  shall  like- 
wise be  selected  from  lists  prepared  from  examinations  testing 
their  general  knowledge  of  the  highway  law  and  of  the  prac- 


149 


tical  construction  of  highways.  Inspectors  of  construction,  other 
than  engineers  and  levelers,  shall  be  selected  from  lists  similarly 
prepared,  except  that  they  shall  be  residents  of  the  county  within 
which  the  highway  constructed  or  improved  is  located.  To  the 
end  that  the  employees  of  the  department  of  highways  engaged 
in  the  work  of  constructing,  improving  or  maintaining  highways 
under  the  provisions  of  this  chapter  may  be  practical  highway 
builders,  the  highway  commission  is  authorized  to  indicate  to  the 
civil  service  commission  the  relative  value  which  should  be  given 
to  experience  and  scientific  attainments. 

§ 12.  Oath  of  office ; undertaking. — Each  of  such  commissioners 
shall,  before  entering  upon  the  duties  of  his  office,  take  and  sub- 
scribe the  constitutional  oath  of  office  and  execute  an  undertak- 
ing in  the  sum  of  twenty-five  thousand  dollars,  to  be  approved 
by  and  filed  with  the  comptroller  and  renewed  as  often  as  the 
governor  may  require.  Such  undertaking  shall  be  to  the  effect 
that  each  such  commissioner  will  faithfully  discharge  the  duties 
of  his  office  and  promptly  account  for  and  pay  over  all  moneys 
or  property  received  by  him  as  such  commissioner  in  accordance 
with  law,  or  in  default  thereof  that  the  parties  executing  such 
undertaking  will  pay  all  damages,  costs  and  expenses  resulting 
from  such  default.  Each  of  the  deputies  and  the  secretary  shall 
execute  an  undertaking  in  the  sum  of  five  thousand  dollars  to  be 
approved  by  the  commission  and  filed  in  its  office. 

§ 13.  Principal  office;  official  seal;  stationery — The  principal 
office  of  the  department  shall  be  in  the  city  of  Albany  in  rooms 
provided  by  the  trustees  of  public  buildings.  The  department 
shall  have  an  official  seal,  to  be  prepared  by  the  secretary  of 
state,  as  provided  by  law.  The  offices  of  the  department  shall  be 
supplied  with  necessary  postage,  stationery  and  office  furniture 
and  appliances,  to  be  paid  for  out  of  moneys  appropriated  there- 
for, and  it  shall  have  prepared  for  it  by  the  state,  such  books  and 
blanks  as  are  required  for  carrying  on  the  business  of  the 
department. 

§ 14.  Salaries  and  expenses. — The  chairman  of  the  commission 
shall  receive  an  annual  salary  of  six  thousand  dollars;  each  of 
the  other  commissioners  shall  receive  an  annual  salary  of  five 
thousand  dollars.  The  first  and  second  deputy  and  secretary 
shall  each  receive  an  annual  salary  of  three  thousand  five  hundred 
dollars.  The  clerks,  officers  and  other  employees  of  the  department 
shall  receive  the  compensation  fixed  by  the  commission  except  as 
otherwise  defined  and  established  in  this  chapter  and  by  the  an- 


nual  appropriation  and  supply  bills.  In  tbe  discharge  of  theii 
official  duties  such  commissioners,  deputies,  secretary,  and  the 
clerks,  officers  and  other  employees  of  the  department  shall  have 
reimbursed  to  them  their  necessary  traveling  expenses  and  dis- 
bursements. Such  salaries  and  expenses  shall  be  paid  by  the  state 
treasurer  upon  the  warrant  of  the  comptroller,  out  of  moneys 
appropriated  therefor  in  the  same  manner  as  the  salaries  and  ex- 
penses of  other  officers,  clerks  and  employees  are  paid. 

§ 15.  General  powers  and  duties  of  the  commission  — The  com- 
mission shall 

1.  Have  general  supervision  of  all  highways  and  bridges  which 
are  constructed,  improved  or  maintained  in  whole  or  in  part  by 
the  aid  of  state  moneys. 

2.  Prescribe  rules  and  regulations  not  inconsistent  with  law, 
fixing  the  duties  of  division  engineers,  district,  county  and  town 
superintendents  in  respect  to  all  highways  and  bridges  compos- 
ing the  state  and  county  systems  and  determining  the  method  of 
the  construction,  improvement  or  maintenance  of  such  highways 
and  bridges.  Such  rules  and  regulations  shall,  before  taking 
effect,  be  printed  and  transmitted  to  the  highway  officers  affected 
thereby. 

3.  Compel  compliance  with  laws,  rules  and  regulations  relat- 
ing to  such  highways  and  bridges  by  highway  officers  and  see 
that  the  same  are  carried  into  full  force  and  effect. 

4.  Aid  district,  county  and  town  superintendents  in  establish- 
ing grades,  preparing  suitable  systems  of  drainage  and  advise 
with  them  as  to  the  construction,  improvement  and  maintenance 
of  highways  and  bridges. 

5.  Cause  plans,  specifications  and  estimates  to  be  prepared  for 
the  repair  and  improvement  of  highways  and  the  construction  and 
repair  of  bridges,  when  requested  so  to  do  by  a district,  county 
or  town  superintendent. 

6.  Investigate  and  determine  upon  the  various  methods  of  road 
construction  adapted  to  different  sections  of  the  state,  and  as  to 
the  best  methods  of  construction  and  maintenance  of  highways  and 
bridges. 

8.  Compile  statistics  relating  to  the  public  highways  through- 
out the  state,  and  collect  such  information  in  regard  thereto  as 
they  shall  deem  expedient. 

9.  Cause  public  meetings  to  be  held  at  least  once  each  year,  in 
each  district  or  county,  for  the  purpose  of  furnishing  such  gen- 
eral information  and  instructions  as  may  be  necessary,  regarding 


151 


the  construction,  improvement  or  maintenance  of  the  highways 
and  bridges  and  the  application  of  the  highway  law,  and  the  rules 
and  regulations  of  the  department,  and  also  for  the  purpose  of 
hearing  complaints.  They  shall  notify  the  district  or  county 
superintendent  of  their  intention  to  hold  such  meeting  or  meet- 
ings, specifying  the  date  and  the  place  thereof. 

10.  Aid  at  all  times  in  promoting  highway  improvement 
throughout  the  state,  and  perform  such  other  duties  and  have 
such  other  powers  in  respect  to  highways  and  bridges  as  may  be 
imposed  or  conferred  on  them  by  law. 

11.  Approve  and  determine  the  final  plans,  specifications  and 
estimates  for  state  and  county  highways  upon  the  receipt  of  the 
report  and  recommendations  of  the  county  or  district  superin- 
tendent, as  provided  herein,  and  transmit  the  same  in  the  case  of 
a county  highway  to  the  board  of  supervisors.  After  the  approval 
of  such  plans,  specifications  and  estimate  by  the  board  of  super- 
visors and  the  return  thereof  to  the  commission,  in  the  case  of  a 
county  highway  and  after  their  final  determination  in  respect 
thereto  in  the  case  of  a State  highway,  the  Commission  shall 
cause  a contract  to  be  let  for  the  construction  or  improvement  of 
such  State  or  county  highway  after  due  advertisement. 

12.  Prepare  tables  showing  the  total  number  of  miles  of  high- 
ways in  the  state,  by  town  and  county,  and  file  a copy  of  the 
same  in  the  office  of  the  comptroller. 

Authority  of  State  Highway  Commission.  By  an  opinion  of  the  Attorney- 
General,  under  date  of  April  28,  1909,  it  was  held  that  section  15  specifies 
and  defines  the  powers  and  duties  of  the  Commission  and  that  its  supervision 
and  control  are  not  limited  to  the  highways  which  have  been  or  will  be  con- 
structed in  whole  or  in  part  by  State  aid,  but  extends  to  all  highways  which 
are  improved  or  maintained  in  whole  or  in  part  by  the  aid  of  State  moneys. 
It  will  also  be  observed  by  subdivisions  4,  5,  6,  7,  8,  9,  10  and  12  of  section  15, 
that  the  Commission  has  general  advisory  supervision  over  all  public  high- 
ways in  the  State  and  that  it  is  required  to  prescribe  rules  and  regulations 
therefore. 

The  Commission  also  has  supervisory  control  over  moneys  in  the  hands 
of  the  supervisor  for  such  purposes  and  it  is  its  duty  to  safeguard  such 
funds,  particularly  those  furnished  by  the  State. 

§ 16.  Division  of  state;  division  engineers. — The  commission 
shall  divide  the  state  into  not  more  than  six  divisions  and  shall 
appoint  and  assign  to  each  division  a division  engineer.  In 
making  such  division  no  county  shall  be  divided.  Each  person 
so  appointed  as  a division  engineer  shall  be  a practical  civil  engi- 
neer having  had  actual  experience  in  the  construction  and  main- 
tenance of  highways  and  bridges.  The  salary  of  such  engineers 


152 


shall  be  three  thousand  dollars  per  annum.  An  office  may  be 
maintained  by  such  division  engineers  at  a convenient  place 
within  each  division  as  authorized  by  the  commission.  The  salary 
and  expenses  of  such  engineers  shall  be  paid  out  of  moneys  ap- 
propriated therefor  upon  the  requisition  of  the  commission.  Each 
division  engineer  shall,  before  entering  upon  the  duties  of  his 
office,  take  and  subscribe  the  constitutional  oath  of  office  and  exe- 
cute an  official  undertaking  in  the  sum  of  ten  thousand  dollars  to 
be  approved  by  the  commission. 

§ 17.  Duties  of  division  engineers. — Each  division  engineer 
shall  devote  his  entire  time  to  the  performance  of  his  duties.  He 
shall,  under  the  direction  and  control  of  the  commission: 

1.  Make  or  cause  to  be  made  all  surveys,  maps,  plans,  speci- 
fications and  estimates  necessary  or  required  for  the  improve- 
ment, construction  and  maintenance  of  state  and  county  highways 
within  the  division  for  which  he  is  appointed. 

2.  Examine,  revise  and  approve  all  plans,  specifications  and 
estimates  and  proposals  for  the  improvement,  construction  and 
maintenance  of  highways  and  bridges  within  his  division,  wffiich 
may  be  submitted  by  the  commission,  pursuant  to  the  provisions 
of  this  chapter,  or  the  rules  and  regulations  of  the  commission. 

3.  Examine  and  inspect,  or  cause  to  be  examined  and  in- 
spected, the  work  performed  on  any  highways,  and  report  to  the 
commission  as  to  whether  the  work  has  been  done  in  accordance 
with  the  plans  and  specifications  and  contracts  made  therefor. 

4.  Approve  and  certify  to  the  monthly  estimates  or  allowances 
for  work  being  performed  under  any  contract  let  for  the  construc- 
tion, improvement  or  maintenance  of  state  and  county  highways. 

5.  Inspect,  or  cause  to  be  inspected,  all  state  and  county  high- 
ways, and  report  from  time  to  time  in  respect  thereto,  when 
required  by  the  commission. 

6.  Consult  with  district,  county  and  town  superintendents  and 
other  highway  officers  in  respect  to  the  proper  methods  of  con- 
structing, improving  and  maintaining  highways  and  bridges. 

7.  Perform  such  other  duties  as  may  be  prescribed  by  the 
commission. 

§ 18.  Blank  forms  and  town  accounts. — The  commission  shall 
prescribe  and  furnish  blank  forms  of  orders,  reports  and  accounts 
and  blank  books,  whenever  in  their  judgment  they  are  required 
for  the  convenience  of  their  office  and  of  highway  officers. 

The  Commission  is  authorized  to  prescribe  the  method  of  keeping  account 
of  highway  moneys.  Highway  Law,  § 108. 


153 


§ 19.  Examination  of  accounts  and  records. — The  commission 
may,  at  such  times  as  may  he  deemed  expedient,  cause  an  exam- 
ination of  all  accounts  and  records  kept  as  required  by  this  chap- 
ter, and  it  shall  be  the  duty  of  all  county  and  town  officers  to 
produce  all  such  records  and  accounts  for  examination  and  in- 
spection, at  any  time  on  demand  of  a representative  of  the 
commission. 

§ 20.  Condemnation  of  bridges. — The  commission  shall  cause 
an  inspection  to  be  made  of  any  bridge  which  is  reported  to  be 
unsafe  for  public  use  and  travel  by  the  district  or  county  super- 
intendent, the  town  superintendent,  or  five  residents  of  the  town. 
If  such  bridge  is  found  to  be  unsafe  for  public  use  and  travel  the 
commission  shall  condemn  such  bridge,  and  notify  the  district  or 
county  superintendent,  the  town  superintendent  and  the  supervisor 
of  the  town,  of  that  fact.  The  district  or  county  superintendent 
shall  either  prepare  or  approve  plans,  specifications  and  estimates 
for  the  construction  or  repair  of  such  bridge  without  delay.  The 
town  shall  provide  for  the  construction  or  reconstruction  of  such 
bridge,  as  provided  for  by  section  ninety-three  of  this  chapter. 

By  an  opinion  of  the  Attorney -Genenal  under  date  of  May  3,  1910,  it  was 
held  that  a bridge  cannot  be  built  or  repaired  unless  the  money  is  provided 
in  some  way  for  the  work  and  that  the  whole  underlying  scheme  of  the 
Highway  Law  is  defeated  if  the  vote  of  the  town  is  adverse  to  the  proposi- 
tion. The  bridges  which  the  towns  are  bound  to  support  span  many  rivers, 
streams  and  ravines  where  fording  or  other  means  of  crossing  would  be 
impossible  and  if  a town  refuses  its  consent  to  the  construction  or  repair 
of  a bridge  which  would  cost  more  than  $1,500  and  the  bridge  has  either 
been  washed  away  or  become  dangerous  to  travel,  the  road  would  have  to  be 
abandoned,  travel  along  it  discontinued  and  the  general  public  inconvenienced 
until  the  tax  payers  of  the  town  could  be  persuaded  to  vote  the  necessary 
appropriation.  There  is  no  authority  conferred  upon  the  Commission  to  act 
in  the  event  of  the  failure  of- the  electors  of  a town  to  vote  the  necessary 
appropriation  and  there  is  no  power  or  authority  given  to  anybody  to  go 
ahead  with  the  construction  or  repair  of  a bridge,  no  matter  how  dangerous 
it  may  be,  if  the  expense  thereof  is  to  be  more  than  $1,500. 

§ 21.  Estimate  of  cost  of  maintenance  of  state  and  county  high- 
ways.— The  commission  shall  annually  cause  to  be  inspected  all 
state  and  county  highways,  either  by  the  division  engineer,  or  the 
district  or  county  superintendent  of  the  district  or  county  in 
which  such  highways  are  situated  and  shall  require  a complete 
report  of  such  inspection  which  shall  show  in  detail  the  condition 
of  the  highway  inspected,  the  necessary  work  to  be  performed 
in  the  repair  and  maintenance  of  such  highways,  and  the  esti- 


154 


mated  cost  thereof.  The  commission  shall  revise  said  estimates 
and  annually  report  to  the  legislature  its  estimated  cost  of  such 
repair  and  maintenance  for  the  ensuing  year,  as  so  revised,  in 
detail  by  town  and  county. 

§ 22.  Rules  and  regulations  for  state  and  county  highways. — 

The  commission  is  hereby  empowered  to  make  rules  and  regula- 
tions from  time  to  time  for  the  protection  of  any  state  or  county 
highway  or  section  thereof.  They  may  prescribe  the  width  of 
tires  to  be  used  on  such  highways  and  they  may  prohibit  the  use 
of  chains  or  armored  tires  by  motor  vehicles  upon  such  high- 
ways, and  any  disobedience  thereof  shall  be  punishable  by  a 
fine  of  not  less  than  ten  dollars  and  not  exceeding  one  hundred 
dollars,  to  be  prosecuted  for  by  the  town,  county,  or  district 
superintendent  and  paid  to  the  county  treasurer  to  the  credit  of 
the  fund  for  the  maintenance  of  such  highways  in  the  town  where 
such  fine  is  collected. 


AKTICLE  III. 

District  or  County  Superintendents. 

Section  30.  Appointment  of  county  superintendents. 

31.  District  superintendents;  appointment  and  salaries. 

32.  Removal  of  county  superintendents. 

33.  General  powers  and  duties  of  district  or  county  superintendents. 

§ 30.  Appointment  of  county  superintendent. — The  board  of 
supervisors  of  any  county  may  appoint  a county  superintendent, 
determine  the  amount  of  the  bond  which  he  shall  give,  fix  his 
salary,  and  provide  for  the  payment  of  all  the  necessary  expenses 
incurred  while  in  the  performance  of  his  duties,  which  salary  and 
expenses,  shall  be  a county  charge,  and  may  remove  such  county 
superintendent  for  malfeasance  or  misfeasance  in  office,  upon 
written  charges,  after  an  opportunity  to  be  heard,  not  less  than 
five  days  after  the  service  upon  such  superintendent  of  a 
copy  of  such  charges.  The  term  of  office  of  each  superintendent 
shall  be  four  years  unless  sooner  removed  by  the  board  of  super- 
visors as  above  provided,  or  by  the  commission  as  hereinafter 
provided. 

Amended  by  L.  1910,  ch.  567. 

§ 31.  District  superintendents:  appointment  and  salaries.— If 

the  board  of  supervisors  of  any  county  shall  fail  to  appoint  a 
county  superintendent,  the  commission  shall  appoint  a county 
superintendent  from  the  eligible  list  of  the  county,  and  fix  his 


155 


salary,  which,  together  with  his  expenses,  shall  be  a county  charge, 
payable  monthly,  or,  in  its  discretion,  place  such  county  in  a 
district  with  such  other  counties  as  they  deem  best  and  appoint  a 
district  superintendent  therefor.  A county  may  be  divided, 
but  no  district  shall  contain  more  than  five  thousand  miles  of 
public  highways.  Such  district  superintendents  may  be  removed 
by  the  commission  at  its  pleasure.  The  commission  shall 
fix  the  salaries  of  such  superintendents.  Such  salaries,  together 
with  expenses,  shall  be  paid  monthly  in  the  first  instance  by  the 
state  treasurer  upon  the  warrant  of  the  comptroller  and  the 
amount  thereof  shall  be  annually  apportioned  by  the  commission 
among  the  counties  contained  in  the  district,  in  proportion  to 
the  number  of  miles  of  public  highways  of  such  county  and  in 
such  district.  The  comptroller  shall  certify  the  amount  so  appor- 
tioned to  the  board  of  supervisors  of  each  of  such  counties,  and 
such  board  shall  annually  levy  and  cause  to  be  collected  as  a 
county  charge  the  proportionate  part  of  such  salary,  and  the 
treasurer  of  each  such  county  shall  pay  the  sum  so  raised  into 

the  state  treasury. 

Amended  by  L.  1910,  ch.  224. 

§ 32.  Removal  of  county  superintendent.-—  The  commission  may 
remove  a county  superintendent  for  inefficiency,  neglect  of  duty 
or  misconduct  in  office,  upon  written  charges  after  an  opportunity] 
of  being  publicly  heard  in  his  defense.  A copy  of  such  charges 
shall  be  personally  served  upon  such  superintendent  and  he  shall 
be  given  not  less  than  five  days’  notice  of  the  time  and  place  of 
the  hearing.  If  upon  such  hearing  it  appears  that  the  charges 
are  sustained,  the  commission  shall  remove  such  superintendent 
and  forthwith  serve  notice  thereof  by  mail  upon  the  superintendent 
and  upon  the  chairman  and  clerk  of  the  board  of  supervisors 
of  the  county  for  which  he  was  appointed.  Such  notice  shall 
state  specifically  the  grounds  for  such  removal.  The  record  of 
the  proceedings  upon  such  hearing  shall  be  filed  in  the  office  of 
the  commission.  The  commission  shall  appoint  a district  super- 
intendent for  such  county  or  cause  it  to  be  added  to  some  other 
district,  and  it  shall  thereupon  be  made  subject  to  the  jurisdic- 
tion of  the  district  superintendent  thereof  until  the  board  of 
supervisors  shall  appoint  a new  county  superintendent  to  fill  the 
vacancy  caused  by  such  removal. 

§ 33.  General  powers  and  duties  of  district  or  county  superin- 
tendents.— The  district  or  county  superintendent  appointed  as 


156 


provided  in  this  article  shall,  subject  to  the  rules  and  regulations 
of  the  commission: 

1.  Have  the  general  charge  of  all  highways  and  bridges  within 
his  district  or  county  and  see  that  the  same  are  improved,  re- 
paired and  maintained,  as  provided  by  law,  and  have  the  general 
supervision  of  the  work  of  constructing,  improving  and  repairing 
bridges  and  town  highways  in  his  district  or  county. 

2.  Visit  and  inspect  the  highways  and  bridges  in  each  town 
of  his  district  or  county,  at  least  once  in  each  year  and  whenever 
directed  by  the  commission,  and  advise  and  direct  the  town  super- 
intendent how  best  to  repair,  maintain  and  improve  such  highways 
and  bridges. 

2a.  If  a county  has  any  county  roads  as  defined  by  subdivision 
3 of  section  3,  the  county  superintendent  shall  on  or  before  Decem- 
ber 1st  in  each  year  prepare  and  submit  to  the  board  of  super- 
visors of  such  county  a statement  of  the  amount  necessary  to  be 
raised  by  the  board  of  supervisors  for  the  construction,  improve- 
ment and  maintenance  of  such  county  roads  for  the  ensuing  year, 
showing  the  amount  by  towns  and  as  a total  and  the  location  where 
any  permanent  repairs  are  required  to  be  made. 

Added  by  L.  1910,  ch.  567. 

3.  Examine  the  various  formations  and  deposits  of  gravel  and 
stone  in  his  district  or  county,  for  the  purpose  of  ascertaining  the 
materials  which  are  best  available  and  suitable  for  the  improve- 
ment of  highways  therein,  and  when  requested  by  the  commission 
submit  samples  of  such  formations  and  deposits  and  make  a 
written  report  in  respect  thereto. 

4.  Establish,  or  cause  to  be  established,  such  grades,  and  recom- 
mend such  means  of  drainage,  repairs  and  improvements,  as  seem 
to  him  necessary  whenever  requested  by  the  town  superintendent 
or  town  board. 

5.  Approve  plans  and  specifications  and  estimates  for  the  erec- 
tion and  repair  of  bridges  and  the  construction  and  maintenance 
of  town  highways. 

6.  Report  to  the  commission  annually,  on  or  before  November 
fifteenth  in  each  year,  in  relation  to  the  highways  and  bridges  in 
his  district  or  county,  containing  such  matter  and  in  such  form 
as  may  be  prescribed  by  the  commission,  and  file  a duplicate 
thereof  with  the  clerk  of  the  board  of  supervisors.  Additional 
reports  shall  be  made  from  time  to  time  when  required  by  the 
commission  in  respect  to  such  matters  as  may  be  specified  by 
them. 


7.  Whenever  a public  -meeting  for  a county  or  district  shall 
have  been  called  by  the  commission  he  shall  cause  due  notice 
to  be  mailed  to  each  town  superintendent  and  supervisor  of  the 
towns  under  his  jurisdiction  and  give  such  notice  by  advertise- 
ment as  shall  be  directed  by  the  commission. 

8.  Inspect  or  cause  to  be  inspected,  if  so  directed  by  the  board 
of  supervisors,  each  county  highway  during  its  construction  or 
improvement,  and  certify  to  the  board  of  supervisors  the  progress 
of  the  work,  and  report  to  the  commission  any  irregularities  of 
the  contractor  or  any  failure  on  his  part  to  comply  with  the 
terms  of  the  contract. 

9.  Perform  such  other  duties  as  may  be  prescribed  by  law,  or 
the  rules  and  regulations  of  the  commission. 

Rules  and  regulations  of  commission.  It  is  provided  that  the  powers  and 

duties  herein  conferred  or  imposed  upon  the  district  or  county  superintendents 
shall  be  exercised  or  performed  subject  to  rules  and  regulations  of  the  com- 
mission. By  § 15,  subd.  2,  ante , the  commission  is  authorized  to  prescribe 
rules  and  regulations  fixing  the  duties  of  district  and  county  superintendents, 
“ not  inconsistent  with  law.” 

Gravel  and  stone  deposits.  The  object  of  requiring  county  and  district 
superintendents  to  report  to  the  commission  as  to  deposits  and  formations  of 
gravel  and  stone  in  their  counties  or  districts,  is  to  inform  the  commission 
of  the  availability  of  good  material  for  highway  construction  so  as  to  enable 
them  to  determine  the  kind  and  cost  of  material  to  be  used  in  the  construc- 
tion of  State  and  county  highways  in  such  localities. 

Public  meetings  are  called  by  the  commission  pursuant  to  § 15,  subd.  9, 
ante , and  town  superintendents  are  required  to  be  present,  under  § 47,  subd. 
10,  post. 

Inspection  of  county  highways  during  construction  is  required  of  county 
and  district  superintendents,  only  when  requested  by  boards  of  supervisors., 
in  which  event  they  are  representatives  of  the  county  for  the  purpose  of 
ascertaining  whether  the  county  is  getting  what  it  pays  for.  Under  the  old 
law  the  town  and  county  had  no  opportunity  to  be  heard  during  the  con- 
struction of  a highway,  and  in  practice  the  highway  was  accepted  solely  upon 
the  determination  of  the  State  Engineer  although  the  localities  were  required 
to  pay  one-half  of  the  cost.  When  such  a highway  is  properly  completed  it  is 
provided  in  section  134  that  the  board  of  supervisors  is  to  accept  the  same, 
and  this  inspection  will  aid  the  board  in  arriving  at  a proper  determination. 


158 


AETICLE  IV. 

Town  Superintendent;  General  Powers  and  Duties. 

Section  40.  Election  of  town  superintendent  of  highways. 

41.  Submission  of  proposition  for  appointment  of  town  superin- 

tendent. 

42.  Term  of  office  of  town  superintendent. 

43.  Vacancies;  office  of  highway  commissioner  abolished. 

44.  Deputy  town  superintendent. 

45.  Compensation  of  town  superintendent  and  deputy. 

46.  Removal  of  town  superintendent. 

47.  General  powers  and  duties  of  town  superintendent. 

48.  Contracts  for  the  construction  of  town  highways. 

49.  Machinery,  tools  and  implements. 

50.  Town  superintendent  may  hire  machinery. 

51.  Purchase  of  gravel  and  stone. 

52.  Obstructions  and  their  removal. 

53.  Removal  of  obstructions  from  ditches,  culverts  and  waterways. 

54.  Removal  of  noxious  weeds  and  brush  within  the  highways,  and 

of  obstructions  caused  by  snow. 

55.  Assessment  of  costs  against  owners  and  occupants. 

56.  Wire  fences  to  prevent  snow  blockades. 

57.  Entry  upon  lands  by  town  superintendent. 

58.  Damages  to  owners  of  lands. 

59.  Damages  for  change  of  grade. 

60.  Drainage,  sewer  and  water  pipes,  cattle  passes  or  crossings  in 

highways. 

61.  Trees  and  sidewalks. 

62.  Expenditures  for  sidewalks. 

63.  Allowances  for  shade  trees. 

64.  Custody  of  shade  trees. 

65.  Compensation  for  ’watering  troughs. 

66.  Credit  on  private  road. 

67.  Neglect  or  refusal  to  prosecute. 

68.  Erection  of  guide  boards. 

69.  Measurement  of  highways  and  report. 

70.  Application  for  service  of  prisoners. 

71.  Construction  and  repair  of  approaches  to  private  lands. 

72.  Unsafe  toll  bridges. 

73.  Actions  for  injuries  to  highways. 

74.  Liability  of  town  for  defective  highways. 

75.  Action  by  town  against  superintendent. 

76.  Audit  of  damages  without  action. 

77.  Closing  highways  for  repair  or  construction. 

78.  Adoption  of  labor  system  for  removing  snovr. 

79.  Assessment  of  cost  of  labor  for  removal  of  snow. 

80.  List  of  persons  assessed  for  removal  of  snow. 

81.  District  foremen;  return  and  levy  of  unworked  taxes. 

82.  Appeals  by  nonresidents;  certain  assessments  to  be  separate; 

tenant  may  deduct  assessment. 


159 


§ 40.  Election  of  town  superintendent  of  highways. — At  the 

biennial  town  meeting  held  next  after  the  taking  effect  of  this 
chapter,  there  shall  be  elected  in  each  town  a town  superin- 
tendent of  highways.  A successor  to  the  town  superintendent, 
so  elected,  shall  be  elected  at  each  biennial  town  meeting  held 
thereafter  in  such  town,  unless  the  town  shall  have  adopted  as 
provided  in  section  41  a resolution  that  thereafter  the  town 
superintendent  shall  be  appointed  by  the  town  board. 

Every  elector  of  a town  is  eligible  to  the  office  of  town  superintendent. 
Town  Law,  § 80. 

A town  superintendent  must  be  a resident  of  the  town.  A town  superin- 
tendent is  required  to  take  constitutional  oath  of  office.  The  town  clerk  is 
to  notify  the  town  board  of  failure  of  town  superintendent  to  take  and  file 
oath  of  office.  The  neglect  or  failure  to  file  oath  of  office  within  the  required 
time  vacates  office. 

§ 41.  Submission  of  proposition  for  appointment  of  town  super- 
intendent.— Upon  the  written  request  of  twenty-five  taxpayers  of 
any  town,  made  and  filed  as  provided  in  the  tovm  law,  the 
electors  thereof  may,  at  a special  or  biennial  town  meeting, 
fote  by  ballot  upon  a proposition  providing  for  the  appointment 
of  a town  superintendent  in  such  town.  Such  proposition  shall 
be  submitted  in  the  manner  provided  by  law  for  the  submission 
of  questions  or  propositions  at  a town  meeting.  If  such  propo- 
sition be  adopted,  the  town  board  of  the  town  shall,  upon  the 
expiration  of  the  term  of  office  of  the  elected  town  superin- 
tendent, appoint  a town  superintendent  therefor,  who  shall  take 
and  hold  office  for  the  term  hereinafter  prescribed. 

§ 42.  Term  of  office  of  town  superintendent. — The  term  of  office 
of  a town  superintendent  elected  or  appointed,  as  provided  in 
this  article,  shall  be  two  years.  If  such  town  superintendent  be 
elected  at  a town  meeting  held  at  the  time  of  a general  elec- 
tion, his  term  shall  begin  on  the  Thursday  succeeding  his  elec- 
tion, or  as  soon  thereafter  as  he  shall  have  been  officially  notified 
of  his  election  and  shall  have  duly  qualified.  If  such  town  super- 
intendent shall  have  been  elected  at  a town  meeting  held  at  any 
other  time,  his  term  of  office  shall  begin  on  the  first  day  of 
November  succeeding  his  election.  If  such  town  superintendent 
shall  have  been  appointed  pursuant  to  a proposition  adopted,  as 
provided  in  the  preceding  section,  his  term  shall  likewise  begin 
on  the  first  day  of  November,  and  the  town  board  shall  meet  prior 
to  that  day,  for  the  appointment  of  such  town  superintendent. 


166 


§ 43.  Vacancies;  office  of  highway  commissioner  abolished. — 

Vacancies  in  the  office  of  town  superintendent  shall  be  filled  for 
the  balance  of  the  unexpired  term.  The  office  of  highway  com- 
missioner in  each  town  is  hereby  abolished,  to  take  effect  on  and 
after  November  first,  nineteen  hundred  and  nine.  Where  the 
office  of  highway  commissioner  shall  become  vacant  by  expiration 
of  term  or  otherwise,  after  the  taking  effect  of  this  chapter,  and 
prior  to  the  said  first  day  of  November,  nineteen  hundred  and 
nine,  such  vacancies  shall  he  filled  for  a term  to  expire  on  such 
date.  Highway  commissioners  in  office  when  this  chapter  or  any 
section  hereof  takes  effect  shall  exercise  the  powers  and  perform 
the  duties  hereby  conferred  and  imposed  upon  town  superintend- 
ents until  the  said  first  day  of  November,  nineteen  hundred  and 
nine,  and  until  their  successors  shall  have  duly  qualified,  where- 
upon such  powers  and  duties  shall  cease  and  determine. 

§ 44.  Deputy  town  superintendent. — The  town  board  of  a town 
may,  in  its  discretion,  upon  the  written  recommendation  of  the 
town  superintendent,  appoint  a deputy  town  superintendent,  to  be 
nominated  by  such  towin  superintendent,  to  assist  him  in  the  per- 
formance of  his  duties.  Such  deputy  superintendent  shall  act  as 
such  during  the  pleasure  of  the  town  superintendent. 

§ 45.  Compensation  of  town  superintendent  and  deputy. — The 
town  board  shall  fix  the  compensation  of  such  superintendent 
and  his  deputy,  if  one  be  appointed,  which  shall  not  be  less  than 
two  nor  more  than  five  dollars  per  day.  Such  town  superintendent 
and  his  deputy,  if  any,  shall  be  paid  the  actual  and  necessary  ex- 
penses incurred  them  in  the  performance  of  their  duties.  Such 
compensation  may  be  paid  by  the  supervisor  monthly,  in  advance 
of  audit,  from  moneys  levied  and  collected  for  such  purpose,  on 
accounts  duly  verified  in  the  same  manner  as  town  accounts  are 
required  by  law  to  be  verified.  Such  accounts  for  compensation, 
together  with  accounts  for  expenses  incurred  by  such  town  super- 
intendent and  his  deputy,  if  any,  verified  as  above  provided,  shall 
be  subject  to  audit  by  the  town  board  at  its  meeting  held  annually 
for  the  audit  of  accounts  of  towm  officers,  and  the  balance  due,  a9 
finally  audited  by  the  town  board,  shall  be  paid  by  the  supervisor 
to  such  town  superintendent,  or  deputy,  if  any,  from  funds  avail- 
able therefor. 

§ 46.  Removal  of  town  superintendent. — A town  superintendent 
may  be  removed  by  the  town  board  upon  written  charges  pre- 
ferred by  the  commission,  or  by  the  district  or  county  superin- 
tendent, for  malfeasance  or  misfeasance  in  office.  Such  charges 


161 


shall  be  presented  in  duplicate  to  the  town  clerk,  one  of  which 
shall  be  filed  in  his  office,  and  the  other  shall  be  served  by  him 
personally  upon  the  town  superintendent,  together  with  a notice 
directing  him  to  appear  before  the  town  board  at  a time  and  place 
stated  therein  Such  service  shall  be  made  at  least  five  days  prior 
to  the  time  specified  in  such  notice.  The  town  board  shall  convene 
for  the  purpose  of  considering  such  charges  within  ten  days  after 
the  filing  thereof  with  the  town  clerk.  The  town  board  shall  hear 
evidence  in  support  and  in  defense  of  such  charges  and  after  such 
hearing  shall  enter  an  order  in  the  office  of  the  town  clerk  either 
sustaining  or  dismissing  such  charges.  The  entry  of  an  order 
sustaining  the  charges  shall  operate  as  a removal  and  the  town 
board  shall  appoint  another  person  to  fill  the  vacancy  caused 
thereby.  The  person  so  appointed  shall  hold  office  for  the  unex- 
pired term  or  until  the  entry  of  a final  order  of  a court  of  com- 
petent jurisdiction  determining  that  the  original  town  superin- 
tendent was  wrongfully  and  illegally  removed  and  directing  his 
reinstatement.  If  the  charges  are  dismissed,  the  town  board 
shall  notify  the  commission  and  the  district  or  county  superin- 
tendent of  such  fact.  The  town  board  shall  also  notify  the  com- 
mission and  the  district  or  county  superintendent  of  the  name 
of  the  person  appointed  to  fill  the  vacancy  caused  by 
the  removal  of  such  town  superintendent.  An  appeal  may 
be  taken  by  the  commission  or  district  or  county  super- 
intendent, or  by  the  town  superintendent,  from  the  order 
of  the  town  board,  to  the  county  court  by  the  filing  of  a 
notice  of  such  appeal  in  the  office  of  the  town  clerk  within  thirty 
days  after  the  entry  of  such  order.  A copy  of  such  notice  of 
appeal  shall  be  served  personally  or  by  mail  upon  the  adverse 
party.  Upon  such  appeal  the  county  court  shall  consider  the 
charges  presented  to  the  town  board,  and  may  hear  evidence  in 
support  and  in  defense  thereof.  After  such  hearing  the  court 
shall  make  an  order  either  affirming  or  reversing  the  order  of  the 
town  board.  A copy  of  such  order  shall  be  entered  in  the  office 
of  the  town  clerk.  If  the  order  reverse  an  order  dismissing  the 
charges,  it  shall  direct  the  town  board  to  remove  the  town  super- 
intendent and  appoint  a person  to  fill  the  vacancy  caused  thereby, 
within  the  time  specified  therein ; if  it  reverse  an  order  sustaining 
such  charges,  it  shall  direct  the  reinstatement  of  the  town  super- 
intendent removed,  to  take  effect  upon  the  filing  of  the  copy  in 
said  town  clerk’s  office. 

11- 


162 


§ 47.  General  powers  and  duties  of  town  superintendent. — The 

town  superintendent  shall,  subject  to  the  rules  and  regulations  of 
the  commission,  made  and  adopted  as  provided  in  this  chapter : 

1.  Have  the  care  and  superintendence  of  the  highways  and 
bridges  in  the  town  except  as  otherwise  specially  provided  in 
relation  to  incorporated  villages,  cities  and  other  localities. 

2.  Cause  such  highways  and  bridges  to  be  kept  in  repair,  and 
free  from  obstructions  caused  by  snow  and  give  the  necessary 
directions  therefor,  and  inspect  the  highways  and  bridges  within 
the  town,  during  the  months  of  April  and  October  of  each  year, 
or  at  such  other  time  as  the  district  or  county  superintendent 
may  prescribe. 

3.  Divide  the  town  into  as  many  sections  as  may  be  necessary 
for  the  proper  maintenance  and  repair  of  the  highways  therein, 
and  the  opening  of  highways  obstructed  by  snom 

Obstructions  caused  by  snow.  The  duty  of  keeping  highways  free  from 
obstructions  caused  by  snow  is  made  by  this  subdivision  as  obligatory  upon 
the  town  superintendent  the  same  as  keeping  them  in  repair. 

4.  Employ  such  persons  with  teams  and  implements,  as  may  be 
necessary  for  the  proper  maintenance  and  repair  of  highways 
and  bridges,  and  the  removal  of  obstructions  caused  by  snow, 
subject  to  the  approval  of  the  town  board,  as  hereinafter  provided, 
and  provide  for  the  organization  and  supervision  of  the  persons  so 
employed.  lie  shall  file  a list  of  the  names  of  the  persons  so 
employed,  with  the  compensation  paid  to  each,  and  the  capacity 
in  which  they  were  employed  in  the  office  of  the  town  clerk. 

Payment  of  laborers.  When  an  agreement  has  been  entered  into  between 
the  town  board  and  the  town  superintendent,  as  provided  in  section  105,  post, 
authorizing  the  expenditure  of  highway  moneys  at  such  places  and  in  such 
manner  as  may  be  specified  in  such  agreement,  the  town  superintendent  is 
authorized  to  employ  such  labor  as  may  be  necessary  in  making  such  repairs 
and  improvement,  and  the  wages  are  to  be  paid  by  the  supervisor  on  the 
written  order  of  the  town  superintendent. 

Weekly  or  semi-monthly  pay  days  should  be  established  and  provision  made 
by  the  town  superintendent  and  supervisor  for  the  issue  and  payment  of  town 
highway  orders  upon  such  day. 

5.  Construct  and  keep  in  repair  sluices  and  culverts  and  cause 
the  waterways,  bridges  and  culverts  to  be  kept  open. 

Ditches,  culverts  and  waterways  in  State  and  county  highways  are  required 
to  be  kept  open  and  free  from  obstructions  at  all  times,  by  the  town  superin- 
tendent. See  section  53,  post.  It  is  made  unlawful  for  the  owner  or  occupant 
of  lands  adjoining  a highway  to  fill  up  any  dit^h  or  place  any  material  of  any 


1G3 


kind  or  character  therein  so  as  to  in  any  manner  obstruct  or  interfere  with 
the  purposes  for  which  it  was  made.  See  section  71,  post. 

6.  Cause  loose  stones  lying  in  the  beaten  track  of  every  high- 
way within  his  town  to  be  removed  at  least  three  times  each  year 
between  the  first  day  of  April  and  the  first  day  of  December. 
Stones  so  removed  shall  be  conveyed  to  some  place  from  which 
they  shall  not  work  back,  or  be  brought  back  into  the  track  by  road 
machines  or  other  implements  used  in  repairing  such  highways. 

Injurious  substances  in  highways.  A person  who  willfully  throws,  drops  or 
places,  or  causes  to  be  thrown,  dropped  or  placed,  upon  any  road,  highway, 
street  or  public  place,  any  glass,  nails,  pieces  of  metal  or  other  substances 
which  might  wound,  disable  or  injure  any  animal  is  guilty  of  a misdemeanor. 
Penal  Code,  section  661. 

7.  Cause  noxious  weeds  growing  within  the  bounds  of  the  high- 
way to  be  cut  and  removed,  at  least  twice  each  year,  once  between 
the  first  and  thirtieth  day  of  July,  and  once  between  the  first  and 
thirtieth  day  of  September.  He  shall  also  cause  all  briers  and 
brush  within  the  bounds  of  the  highway  to  be  cut  and  removed 
once  between  the  first  and  thirtieth  day  of  September  in  each 
year,  as  provided  by  section  fifty-four  of  this  chapter,  unless 
otherwise  directed  by  the  commission. 

Subd.  7,  amended  by  L.  1910,  ch.  567.  In  effect  June  21,  1910. 

8.  Cause  such  highways  as  shall  have  been  laid  out,  but  not 
sufficiently  described,  and  such  as  shall  have  been  used  for  twenty 
years,  but  not  recorded,  to  be  ascertained,  described  and  entered 
on  record  in  the  town  clerk’s  office. 

9.  Inspect  all  highways  which  are  to  be  constructed  or  improved 
as  state  or  county  highways,  when  directed  by  the  district  or 
county  superintendent,  for  the  purpgse  of  securing  preliminary 
information  to  be  used  in  preparing  the  plans  and  specifications 
for  such  highways,  and  mark  or  in  some  substantial  manner 
designate  the  portions  of  such  highways  which  may  need  special 
care  and  attention.  He  shall  report  to  the  district  or  county 
superintendent  the  condition  of  such  highways  and  submit  there- 
with such  recommendations  in  respect  thereto  as  may  seem  ex- 
pedient. The  district  or  county  superintendent  may  require  addi- 
tional reports  in  respect  to  such  highways  whenever  it  seems  to 
him  to  be  necessary. 

10.  Attend  public  meetings  called  by  the  commission,  held 
within  the  county,  after  receiving  notice  thereof  from  the  district 
or  county  superintendent,  and  his  expenses  necessarily  incurred 
thereby  shall  be  a town  charge. 


164 


11.  Cause  the  monuments  erected,  or  to  be  erected,  as  the 
boundaries  of  highways,  to  he  kept  up  and  renewed  so  that  the 
extent  of  such  highway  boundaries  may  be  publicly  knowm,  and 
erect  and  establish  such  new  monuments  as  may  be  required  by 
the  district  or  county  superintendent. 

12.  Collect  all  penalties  prescribed  by  this  chapter. 

13.  Report  annually  on  such  date  as  may  be  prescribed  by  the 
commission,  prior  to  November  fifteenth,  to  the  district  or  county 
superintendent,  in  relation  to  the  highways  and  bridges  in  his 
town,  containing  the  matter  and  in  the  form  to  be  prescribed  by 
the  commission. 

14.  Perform  such  other  duties  and  have  such  other  powers  as 
may  be  imposed  or  conferred  by  law,  or  the  rules  and  regulations 
of  the  commission,  including  the  powers  and  duties  heretofore 
exercised  or  performed  by  highway  commissioners. 

§ 48.  Contracts  for  the  construction  of  town  highways. — The 
town  board  of  any  town  may  provide  that  the  construction  of  new 
highways,  or  the  permanent  improvement  or  reconstruction  of  ex- 
isting highways,  the  cost  of  which  will  exceed  five  hundred  dollars, 
shall  be  done  under  contracts.  All  such  contracts  shall  be 
awarded  by  the  town  superintendent,  in  accordance  with  esti- 
mates, plans  and  specifications  to  be  furnished  by  the  district  or 
county  superintendent,  or  by  the  commission,  as  provided  in  this 
chapter,  to  the  lowest  responsible  bidders,  after  advertisement 
once  a week,  for  three  consecutive  weeks,  in  a newspaper  published 
in  the  town  where  the  work  is  to  be  performed,  or  if  no  newspaper 
is  published  therein,  in  a newspaper  published  at  some  other 
place  in  the  county,  having  the  largest  circulation  in  said  town. 
All  bids  for  such  work  shall  be  opened  in  public  and  shall  be 
filed  in  the  office  of  the  town  clerk.  No  such  contract  shall  be 
awarded,  unless  it  be  approved  by  the  district  or  county  superin- 
tendent, as  to  its  form  and  sufficiency.  The  person  to  whom  such 
contract  is  awarded  shall  execute  a bond  to  the  town,  in  a sum 
equal  to  the  amount  of  the  contract,  with  two  or  more  sureties 
to  be  approved  by  the  town  board,  conditioned  for  the  faithful 
compliance  with  the  terms  of  the  contract,  and  the  plans  and 
specifications  and  for  a payment  of  all  damages  which  may  accrue 
to  the  town,  because  of  a violation  thereof.  When  such  wiork  is 
completed  pursuant  to  the  terms  of  such  contract,  and  the  plans 
and  specifications  therefor,  and  accepted  by  the  district  or  county 
superintendent  and  towTn  board,  as  being  in  accordance  therewith, 


165 


the  cost  of  the  work  under  the  contract  shall  be  paid  out  of  moneys 
available  therefor,  in  the  same  manner  as  other  highway  expenses. 
Payments  made  under  such  contract  shall  be  upon,  certificates 
issued  to  the  contractor  by  the  district  or  county  superintendent, 
to  the  effect  that  the  work  has  been  done  under  and  in  accordance 
with  the  terms  of  such  contract,  and  the  plans  and  specifications. 
All  work  done  under  any  such  contract  shall  be  under  the  super- 
vision of  the  district  or  county  superintendent,  or  some  person 
designated  by  him.  The  town  superintendent  shall  file  all  con- 
tracts, awarded  under  this  section  or  as  provided  in  this  chapter, 
for  the  construction,  improvement  or  repair  of  town  highways 
and  bridges,  wiith  the  town  clerk  of  the  town  within  ten  days  after 
their  execution. 

Note:  This  section  is  intended  to  give  town  boards  the  option  of  having 
work  amounting  to  more  than  $500  done  under  direction  of  the  town  super- 
intendent, or  by  contract,  as  may  best  serve  the  interests  of  the  town. 

§ 49.  Machinery,  tools  and  implements. — The  town  superin- 
tendent may,  with  the  approval  of  the  town  board,  purchase  for 
the  use  of  the  town,  stone  crushers,  steam  rollers,  traction  engines, 
road  machines  for  grading  and  scraping,  tools  and  other  imple- 
ments, subject  to  the  limitations  prescribed  in  section  ninety- 
four,  which  shall  be  paid  for  from  moneys  levied  and  collected  or 
from  the  proceeds  of  bonds  issued  and  sold  for  such  purposes 
as  provided  in  this  chapter.  No  contract  for  the  purchase  of 
stone  crushers,  steam  rollers  or  traction  engines  shall  be  valid, 
unless  the  district  or  county  superintendent  shall  have  approved 
thereof  and  endorsed  his  approval  upon  such  contract.  All  road 
machines,  stone  crushers,  steam  rollers,  tools  and  other  imple- 
ments owned  either  by  the  town  or  the  highway  districts  therein, 
when  this  chapter  takes  effect,  shall  be  used  by  the  town  superin- 
tendent in  such  manner  and  at  such  places  in  such  town  as  he 
shall  deem  best.  They  shall  be  under  the  control  of  the  superin- 
tendent and  be  cared  for  by  him  at  the  expense  of  the  town. 
The  town  superintendent  shall  annually  make  a written  inventory 
of  all  such  machinery,  tools  and  implements,  indicating  each 
article  and  stating  the  value  thereof,  and  the  estimated  cost  of 
all  necessary  repairs  thereto,  and  deliver  the  same  to  the  super- 
visor of  the  town  on  or  before  October  thirty-first  in  each  year. 
He  shall  at  the  same  time  file  with  the  town  clerk  his  written 
recommendations  as  to  what  machinery,  tools  and  implements 
should  be  purchased  for  the  use  of  the  town,  and  the  probable 


166 


cost  thereof.  The  town  superintendent  shall  provide  a suitable 
place  for  housing  and  storing  all  machinery,  tools  and  imple- 
ments owned  by  the  town  and  cause  the  same  to  be  stored  therein, 
when  not  in  use.  Where  there  is  an  incorporated  village  consti- 
tuting a separate  road  district,  wholly  or  partly  in  a town  which 
has  purchased  a stone  crusher,  steam  roller  or  traction  engine, 
the  town  board  of  such  town  may  permit  the  use  thereof  by  such 
village  upon  such  terms  as  may  be  agreed  upon. 

§ 50.  Town  superintendent  may  hire  machinery. — The  town  su- 
perintendent may,  with  the  approval  of  the  district  or  county 
superintendent,  lease  or  hire  stone  crushers,  steam  rollers  and 
traction  engines  at  a rate  to  be  approved  by  the  town  board,  which 
shall  not  exceed  ten  dollars  for  a stone  crusher  and  steam  roller, 
and  eight  dollars  for  a traction  engine,  for  each  day  such  stone 
crusher,  steam  roller  or  traction  engine  is  actually  used  upon  the 
highways.  The  expense  thereof  shall  be  paid  by  the  supervisor, 
upon  the  written  order  of  the  town  superintendent,  out  of  moneys 
received  by  him,  as  provided  in  this  chapter,  for  the  repair  and 
improvement  of  highways. 

§ 51.  Purchase  of  gravel  and  stone.—  The  town  superintendent 
may,  with  the  approval  of  the  town  board,  purchase  of  the  owmer 
of  any  gravel  bed  or  pit,  or  stone  quarry  within  the  town,  gravel 
or  stone  for  the  purpose  of  grading,  repairing  or  otherwise  im- 
proving the  highways  of  the  town,  at  a price  per  cubic  yard  to  be 
approved  by  the  town  board.  If  such  town  superintendent  can- 
not agree  with  any  such  owner  for  the  purchase  of  such  gravel 
or  stone,  he  may,  with  the  approval  of  the  towm  board,  acquire 
by  condemnation  the  right  to  take  and  use  such  gravel  or  stone, 
and  to  remove  the  same  from  such  bed,  pit  or  quarry,  for  the 
purpose  of  grading,  repairing  or  otherwise  improving  such  high- 
ways, together  with  the  right  of  way  to  and  from  such  bed,  pit 
or  quarry,  for  the  purpose  of  such  removal.  No  such  gravel  or 
stone  shall  be  so  taken  by  condemnation  within  five  hundred  feet 
of  any  house  or  barn,  or  from  any  lawn,  orchard  or  vineyard. 
The  purchase  price  of  such  stone  or  gravel  and  the  damages 
awarded  in  such  condemnation  proceedings,  together  with  the  costs 
and  expenses  thereof,  shall  be  a town  charge  and  paid  from  moneys 
levied  and  collected  therefor,  as  provided  by  law.  If  the  town 
shall  abandon  for  the  period  of  three  years  any  right  acquired 
under  this  section  to  take  and  use  the  gravel  or  stone  from  any 
such  bed,  pit  or  quarry,  for  a period  of  three  years,  or  if  the 
superintendent  shall  cease  to  use  the  same  for  the  purposes  for 


167 


which  it  was  acquired,  the  right  thereto  shall  cease,  and  the  owner- 
ship thereof  shall  revert  to  and  become  vested  in  the  owner  of 
such  bed,  pit  or  quarry,  or  his  heirs  or  assigns. 

§ 52.  Obstructions  and  their  removal. — Obstructions,  within  the 
meaning  of  this  section,  shall  include  trees  which  have  been  cut 
or  have  fallen  either  on  adjacent  lands  or  within  the  bounds  of 
the  highway,  in  such  a manner  as  to  interfere  with  public  travel 
therein;  limbs  of  trees  which  have  fallen  within  the  highway,  or 
branches  of  trees  overhanging  the  highway  so  as  to  interfere  with 
public  travel  therein ; lumber,  wood  or  logs  piled  within  the  bounds 
of  the  public  highway;  machines,  vehicles  and  implements  aban- 
doned or  habitually  placed  within  the  bounds  of  the  highway; 
fences,  buildings  or  other  structures  erected  wiithin  the  bounds  of 
the  highway;  earth,  stone  or  other  material  placed  in  any  ditch 
or  waterway  along  the  highway ; telegraph,  telephone,  trolley  and 
other  poles,  and  the  wires  connected  therewith,  erected  within  the 
bounds  of  the  highway  in  such  a manner  as  to  interfere  with  the 
use  of  the  highway  for  public  travel. 

It  shall  be  the  duty  of  each  owner  or  occupant  of  lands  situate 
along  the  highway,  to  remove  all  obstructions  within  the  bounds  of 
the  highway,  which  have  been  placed  there,  either  by  themselves 
or  by  their  consent.  It  shall  be  the  duty  of  all  telephone,  telegraph, 
electric  railway  and  other  electrical  companies,  to  remove  and  reset 
telephone,  telegraph,  trolley  and  other  poles  and  the  wires  con- 
nected therewith,  when  the  same  constitute  obstructions  to  the 
use  of  the  highway  by  the  traveling  public.  If  such  obstructions 
are  not  removed,  or  such  poles  or  wires  are  not  moved  and  reset, 
within  thirty  days  after  the  service  of  a notice,  personally  or  by 
mail,  upon  such  owner  or  occupant,  or  upon  such  company  at  its 
principal  place  of  business,  or  an  agent  of  such  company  within 
the  town,  requesting  the  same  to  be  done,  the  town  superintendent 
shall  remove  such  obstructions,  and  move  and  reset  such  poles  and 
wires.  The  expense  thereby  incurred  shall  be  paid  in  the  first 
instance  out  of  moneys  levied  and  collected  and  available 
therefor,  and  the  amount  thereof  shall  be  charged  against  such 
owner,  occupant  or  company,  and  levied  and  collected,  as  pro- 
vided in  section  fifty-five. 

From  an  opinion  of  the  Attorney-General  under  date  of  October  24,  1910, 
it  was  held: 

“ It  is  evident  that  the  use  of  moneys  * * * moneys  raised  for  the 

repair  and  improvement  of  highways,  including  state  aid.  are  never  available 
for  the  construction  of  new  town  roads  and  could  not  be  legally  diverted  to 


168 


any  other  use.  The  different  funds  are  required  to  be  kept  separate  by 
section  107  of  the  Highway  Law,  also  by  order  of  the  State  Highway  Com- 
mission, and  a surplus,  in  one  fund  is  not  available  for  use  for  other  work. 
I am,  therefore,  of  the  opinion  that  moneys  known  as  state  aid  cannot  Oe 
used  in  the  building  and  construction  of  new  town  roads  or  for  the  payment 
of  damages  awarded  to  land  owners  in  the  laying  out  of  a new  highway,  or 
for  any  other  purpose  except  the  repair  and  improvement  of  the  highways 
of  the  town. 

“ In  reply  to  that  part  of  your  enquiry  as  to  how  the  town  can  procure 
the  necessary  money  to  build  a highway,  if  it  cannot  be  taken  from  the 
general  fund  for  the  repair  and  improvement  of  the  highways,  I beg  to  state 
that  section  90  of  the  Highway  Law  requires  the  town  superintendent  to 
make  estimates  of  the  amounts  that  should  be  raised  by  tax  in  the  town 
for  the  ensuing  year,  and  by  subdivision  4 thereof  he  can  make  an  estimate 
and  present  it  to  the  town  board  of  the  amount  which  he  deems  necessary 
should  be  raised  for  building  a town  highway  that  has  been  newly  laid  out. 
It  is  certainly  a miscellaneous  purpose  not  provided  for  in  any  other  subdi- 
vision of  that  section.  There  is  no  limitation  to  the  amount  that  can  be 
raised  for  miscellaneous  purposes  except  as  it  is  controlled  by  the  public 
necessities  of  the  town. 

“ It  is  also  a purpose  that  can  only  arise  occasionally  in  any  town  and  Is 
not  of  annual  occurrence  like  most  of  the  other  purposes  mentioned  in  the 
act  referred  to. 

“ The  estimates  above  mentioned  are  then  laid  before  the  town  board  and 
if  it  approves  the  several  amounts  are  laid  before  the  board  of  supervisors 
and  raised  in  the  same  way  as  other  highway  taxes  in  the  town,  but  if  this 
method  is  not  deemed  expedient  and  if  any  town  board  should  not  feel  that 
it  was  authorized  to  raise  the  amount  as  above  outlined,  a proposition  can 
be  submitted  as  provided  by  section  97  of  the  Highway  Law  to  the  voters 
of  the  town.” 

§ 53.  Removal  of  obstructions  from  ditches,  culverts  and  water- 
ways.— The  town  superintendent  shall  cause  all  ditches,  culverts 
and  waterways  on  state  and  county  highways  to  be  kept  free 
from  obstructions  at  all  times.  He  shall  also  cause  snow  and  ice 
to  be  removed  from  the  culverts  and  waterways  of  such  high- 
ways and  the  expense  thereof  shall  be  paid  from  the  moneys 
levied  and  collected  for  the  repair  and  improvement  of  highways, 
as  provided  by  this  chapter. 

§ 53-a.  Temporary  obstructions  of  highways. — The  necessary  ob- 
struction of  a highway  by  the  removal  of  buildings  or  other  tem- 
porary obstruction  shall  only  be  allowed  under  a permit  granted 
by  the  county  superintendent  upon  the  written  request  of  the  town 
superintendent. 

Added  by  L.  1910,  ch.  567. 

§ 54.  Removal  of  noxious  weeds  and  brush  within  the  highways, 
and  of  obstructions  caused  by  snow. — It  shall  be  the  duty  of  the 


169 


owner  or  occupant  of  lands  situated  along  the  highway  to  cut 
and  remove  the  noxious  weeds  growing  within  the  bounds  of  the 
highway,  fronting  such  lands,  at  least  twice  in  each  year,  once 
in  the  month  of  June,  and  once  in  the  month  of  August.  Unless 
otherwise  directed  by  the  commission,  it  shall  be  the  duty  of 
such  owner  or  occupant  to  cut  and  remove  all  briers  and  brush, 
growing  within  the  bounds  of  the  highway,  fronting  such  lands, 
once  in  the  month  of  August  in  each  year.  It  shall  also  be  the 
duty  of  such  owner  or  occupant  to  remove  brush,  shrubbery  and 
other  obstructions  within  the  bounds  of  the  highway,  causing  the 
drifting  of  snow  upon  said  highway,  before  the  first  day  of  Novem- 
ber in  each  year.  If  such  owuier  or  occupant  fails  to  cut  or  remove 
such  weeds  or  brush,  or  to  remove  such  brush,  shrubbery  or  other 
obstructions,  causing  the  drifting  of  snow,  as  provided  herein,  the 
town  superintendent  of  the  town  in  which  said  lands  are  situated 
shall  cause  the  same  to  be  done  and  the  expense  thereby  incurred 
shall  be  paid  in  the  first  instance  out  of  moneys  levied  and  col- 
lected and  available  therefor,  and  the  amount  thereof  shall  be 
charged  against  such  owner  or  occupant,  and  levied  and  collected, 
as  provided  in  section  fifty-five. 

§ 55.  Assessment  of  cost  against  owners  and  occupants. — The 

town  superintendent  shall  assess  the  cost  of, 

1.  Removing  obstructions  and  moving  and  resetting  poles  and 
wires,  pursuant  to  section  fifty-two. 

2.  Cutting  and  removing  noxious  weeds,  briers  and  brush  and 
removing  brush,  shrubbery  and  other  obstructions  within  the  high- 
ways, causing  the  drifting  of  snow,  pursuant  to  section  fifty-four, 
against  the  owner,  occupant  or  company  neglecting  to  perform  the 
duty  imposed  by  the  sections  above  referred  to.  Such  town  super- 
intendent shall  serve  personally  or  by  mail  upon  such  owner,  oc- 
cupant or  company,  a written  notice,  stating  that  at  a time  and 
place  specified  therein,  he  will  assess  such  cost  against  the  owner, 
occupant  or  company  neglecting  to  perform  such  duty.  Such 
notice  shall  be  served  at  least  eight  days  previous  to  the  time  speci- 
fied therein.  If  directed  against  a company,  it  may  be  served 
upon  it  at  its  principal  place  of  business,  or  upon  an  agent  of  the 
company  within  the  town.  At  the  time  and  place  so  specified, 
he  shall  hear  the  parties  interested,  and  shall  thereupon  complete 
the  assessment,  stating  therein,  the  name  of  each  owner, 
occupant  or  company,  and  the  amount  assessed  against  him 
or  it,  and  shall  return  such  assessment  to  the  town  clerk  who 
shall  present  the  same  to  the  town  board  of  his  town,  at  its  meet- 


170 


ing  held  on  the  Thursday  preceding  the  annual  meeting  of  the 
board  of  supervisors.  Such  town  board  shall  certify  such  assess- 
ment to  the  board  of  supervisors  who  shall  cause  the  amount 
stated  therein  to  be  levied  against  such  owner,  occupant  or  com- 
pany and  any  uncollected  tax  shall  be  a lien  upon  the  land 
affected.  The  amount  so  levied  shall  be  collected  in  the  same 
manner  as  other  taxes  levied  by  such  board,  and  shall  be  paid 
to  the  supervisor  of  the  town,  to  be  applied  in  reimbursing  the 
fund  from  which  such  cost  was  defrayed. 

Abutting  owners  to  cut  weeds,  brush,  etc.  A person  whose  lands  about 
the  highway,  whether  the  line  of  his  land  is  at  the  edge  or  in  the  center 
of  the  highway,  is  required  by  statute  to  cut,  destroy  and  remove  brush 
and  weeds  from  the  highway  surrounding  such  lands,  and  where  different 
persons  own  the  land  each  should  cut  the  brush,  etc.,  to  the  center  of  the  line 
of  the  highway  regardless  of  whether  the  center  line  of  the  highway  is  the 
boundary  line  of  the  lands. 

§ 56.  Wire  fences  to  prevent  snow  blockades. — The  town  super- 
intendent, with  the  consent  of  the  town  board,  may  purchase  wire 
for  fences  to  be  erected  for  the  prevention  of  snow  blockades, 
and  the  said  town  superintendent  is  hereby  authorized  to  contract 
with  the  owners  of  the  lands  lying  along  the  highways  of  their 
respective  towns,  at  such  points  as  are  liable  to  snow  blockade, 
for  the  removal  of  the  fences  now  standing  along  the  boundaries 
of  such  highways  and  the  replacing  of  such  fences  with  wire 
fences.  ITe  may  contract  to  deliver  to  such  land  owners  fence 
wire  to  be  used  in  the  construction  of  such  fences,  without  charge 
to  said  land  owners,  at  the  place  of  purchase,  but  he  shall  not 
agree  to  pay  any  part  of  the  cost  of  the  removal  or  construction 
called  for  by  said  contracts,  or  to  make  any  payment  to  said  land 
owners,  as  a compensation  for  the  construction  of  fences  or  for 
posts.  The  amount  to  be  expended  for  the  purchase  of  such  wire 
shall  not  exceed  the  sum  of  three  hundred  dollars  in  any  one  year, 
and  such  amount  shall  be  included  in  the  estimate  for  expendi- 
tures for  removal  of  obstructions  caused  by  snow,  and  other  mis- 
cellaneous purposes,  and  paid  from  the  money  levied  and  collected 
therefor.  The  fences  to  be  built,  under  the  provisions  of  this 
section,  shall  be  of  not  less  than  four  strands  of  wire,  nor  more 
than  nine  strands,  in  the  discretion  of  the  town  superintendent, 
approved  by  the  town  board,  and  the  construction  of  said  fences 
and  their  distance  apart,  shall  be  such  as  said  town  superintendent 
shall  prescribe.  Whenever  such  fence  or  fences  shall  become  so 
out  of  repair  as  to  be  dangerous  to  animals  passing  along  the 


highway,  it  shall  be  the  duty  of  the  owner  or  owners  of  said  fence 
or  fences  to  immediately  repair  or  replace  the  same.  Whenever 
the  town  superintendent  shall  contract  for  the  removal  of  any 
fence,  under  the  provisions  of  this  section,  he  shall  file  in  the 
office  of  the  town  clerk  a description  of  that  portion  of  the  high- 
way to  which  said  contract  shall  apply,  and  thereafter  it  shall 
not  be  lawful  for  any  person  to  replace  the  fence  so  contracted 
to  be  removed,  wfith  any  fence  liable  to  cause  the  drifting  of  snow. 
In  no  case  shall  the  town  superintendent  approve  of  or  permit 
the  use  of  barb  wire  for  such  fences. 

§ 57.  Entry  upon  lands  by  town  superintendent. — The  town 
superintendent  may,  when  directed  by  the  district  or  county 
superintendent,  and  when  authorized  by  the  town  board,  enter 

1.  Upon  any  lands  adjacent  to  any  of  the  highways  in  the  town, 
for  the  purpose  of  opening  an  existing  ditch  or  drain,  or  for  dig- 
ging a new  ditch  or  drain  for  the  free  passage  of  water  for  the 
drainage  of  such  highways. 

2.  Upon  the  lands  of  any  person  adjoining  rivers,  streams  or 
creeks,  to  drive  spiles,  throw  up  embankments  and  perform  such 
other  labor  as  may  be  necessary  to  keep  such  rivers,  streams  or 
creeks  within  their  proper  channels,  and  to  prevent  their  en- 
croachment upon  highways  or  abutments  of  bridges. 

3.  Upon  the  lands  adjoining  a highway  which,  during  the 
spring  freshets  or  at  a time  of  highwater  are  subject  to  overflow 
from  such  rivers,  streams  or  creeks,  to  remove  or  change  the  posi- 
tion of  a fence  or  other  obstruction  preventing  the  free  flow  of 
water  under  or  through  a highway,  bridge  or  culvert,  whenever 
the  same  may  be  necessary  for  the  protection  of  such  highway  or 
bridge. 

4.  Upon  any  lands  adjacent  to  highways  to  remove  any  fence 
or  other  obstruction  which  causes  snow  to  drift  in  and  upon  such 
highways,  and  erect  snow  fences  or  other  devices  upon  such  lands 
to  prevent  the  drifting  of  snow  in  or  upon  such  highways. 

§ 58.  Damages  to  owners  of  lands. — Where  lands  are  entered 
upon  under  the  provisions  of  the  preceding  section,  the  town  super- 
intendent shall  agree  with  the  owner  of  such  lands,  subject  to  the 
approval  of  the  town  board,  as  to  the  amount  of  damages,  if  any, 
sustained  by  such  owner  in  consequence  of  such  entry  in  per- 
formance of  the  work  authorized  by  such  section,  and  the  amount 
of  such  damages  shall  be  a town  charge.  If  the  town  superin- 
tendent is  unable  to  agree  with  such  owner  upon  the  amount  of 


172 


damages  thus  sustained  the  amount  thereof  shall  be  ascertained,  * 

determined  and  paid  in  the  manner  that  damages  are  so  ascer- 
tained, determined  and  paid,  where  new  highways  are  laid  out 
and  opened  and  the  town  superintendent  and  land  owners  are 
uable  to  agree  upon  the  amount  thereof.  r 

§ 59.  Damages  for  change  of  grade — In  any  town  in  which  a 
town  highway  shall  be  repaired,  graded  and  macadamized  from 
curb  to  curb  by  the  authorities  of  the  town  the  owner  or  owners 
of  the  land  adjacent  to  the  said  highway  shall  be  entitled  to  re- 
cover from  the  town  the  damages  resulting  from  any  change  of 
grade.  A person  claiming  damages  from  such  change  of  grade 
must  present  to  the  town  board  of  such  town  a verified  claim 
therefor  within  sixty  days  after  such  change  of  grade  is  effected. 

The  board  may  agree  with  such  owner  upon  the  amount  of  dam- 
ages to  be  allowed  him.  If  no  agreement  be  made  within  thirty 
days  after  the  presentation  of  the  claim,  the  person  presenting  it 
may  apply  to  the  supreme  court  for  the  appointment  of  three 
commissioners  to  determine  the  compensation  to  which  he  is  en- 
titled. Notice  of  the  application  must  be  served  upon  the  super- 
visor of  the  town  at  least  ten  days  before  the  hearing  thereof. 

All  proceedings  subsequent  to  the  appointment  of  commissioners 
shall  be  taken  in  accordance  with  the  provisions  of  the  condemna- 
tion law  so  far  as  applicable.  Such  town  board,  or  such  com- 
missioners, shall,  in  determining  the  compensation,  consider  the 
fair  value  of  the  work  done,  or  necessary  to  be  done,  in  order  to 
place  the  claimant’s  lands,  or  buildings,  or  both,  in  the  same  rela- 
tion to  the  changed  grade  as  they  stood  to  the  former  grade,  and 
make  awards  accordingly,  except  that  said  board  or  said  com- 
missioners may  make  an  allowance  for  benefits  derived  by  the 
claimant  from  such  improvement.  The  amount  agreed  upon 
for  such  damages,  or  the  award  therefor  together  with  the  costs, 
if  any,  allowed  to  the  claimant,  shall  be  a charge  against  such 
town  and  the  supervisor  shall  pay  the  same,  if  there  be  sufficient 
funds  in  his  hands  available,  and  if  not,  the  town  board  shall 
borrow  money  for  the  payment  thereof,  as  provided  in  section 
ninety-seven,  or  issue  certificates  of  indebtedness  therefor,  as 
provided  in  section  ninety-six.  Bonds  of  the  town  to  raise  the 
money  necessary  to  make  such  payment,  and  such  bonds  or  such 
certificates  of  indebtedness  shall  bear  a rate  of  interest  not  ex- 
ceeding five  per  centum  per  annum  payable  semi-annually.  Such 
bonds  shall  be  in  the  same  form,  and  shall  be  issued  and  sold  in 
the  same  manner  as  other  town  bonds. 


173 


§ 59-a.  Interest  on  damages  for  change  of  grade. — Whenever 

awards  shall  be  lawfully  made,  pursuant  to  any  statute  of  this 
State,  for  damages  sustained  by  real  estate  or  any  improvements 
thereon  by  reason  of  any  change  of  grade  of  any  street,  avenue 
or  road  in  front  thereof,  the  award  for  the  principal  amount  of 
damages  sustained  shall  bear  interest  at  the  rate  of  six  per  centum 
per  annum  from  the  time  of  the  change  of  grade  to  the  time  of  the 
payment  of  the  award. 

Added  by  L.  1910.  ch.  701.  In  effect  June  25,  1910. 

§ 60.  Drainage,  sewer  and  water  pipes,  cattle  passes  or  other 
crossings  in  highways. — The  town  superintendent  may,  with  the 
consent  of  the  town  board,  upon  the  written  application  of  any 
resident  of  his  town  or  a corporation,  grant  permission  for  an 
overhead  or  underground  crossing,  or  to  lay  and  maintain  drain- 
age, sewer  and  wiater  pipes  under  ground  within  the  portion 
therein  described  of  a town  highway.  If  the  highway  is  a state 
or  county  highway  such  permission  shall  be  granted  with  the 
consent  of  the  county  or  district  superintendent  instead  of  the 
town  board.  Permission  shall  not  be  granted  for  the  laying  and 
maintaining  of  such  pipes  under  the  travelled  part  of  the  high- 
way, except  across  the  same,  for  the  purposes  of  sewerage  and 
draining  swamps  or  other  lands,  and  supplying  premises  with 
water.  Such  permission  shall  be  granted  upon  the  condition 
that  such  pipes  and  hydrants  or  crossings  shall  be  so  laid,  set 
or  constructed  as  not  to  interrupt  or  interfere  with  public 
travel  upon  the  highway,  and  upon  the  further  condition  that 
the  applicant  will  replace  the  earth  removed  and  leave  the 
highway  in  all  respects  in  as  good  condition  as  before  the 
laying  of  said  pipes,  or  construction  of  . such  crossings, 
and  that  such  applicant  will  keep  such  pipes  and  hydrants  or 
crossing  in  repair  and  save  the  town  harmless  from  all  damages 
which  may  accrue  by  reason  of  their  location  in  the  highway, 
and  that  upon  notice  by  the  town  superintendent  the  applicant 
will  make  the  repairs  required  for  the  protection  or  preservation 
of  the  highway.  The  permit  of  the  town  superintendent,  with 
the  consent  of  the  town  board  or  county  or  district  superinten- 
dent, and  the  acceptance  of  the  applicant,  shall  be  executed  in 
duplicate,  one  of  which  shall  be  filed  in  the  office  of  the  town 
clerk  and  the  other  in  the  office  of  the  district  or  county  superin- 
tendent. In  case  the  applicant  shall  fail  to  make  any  of  the 
repairs  required  to  be  made  under  the  permit,  they  may  be  made 


174 


by  the  town  superintendent  at  the  expense  of  the  applicant,  and 
such  expenses  shall  be  a lien,  prior  to  any  other  lien,  upon  the 
land  benefited  by  the  use  of  the  highway  for  such  pipes,  hydrants 
or  structures.  The  town  superintendent  may  revoke  such  permit 
upon  the  applicant’s  failure  to  comply  with  any  of  the  condi- 
tions contained  therein. 

§ 61.  Trees  and  sidewalks. — The  town  superintendent  may,  by 
an  order  in  writing,  approved  by  a majority  of  the  members 
of  the  town  board,  authorize  the  owners  of  property  adjoining 
the  highways,  at  their  own  expense,  to  locate  and  plant  trees  and 
locate  and  construct  sidewalks  along  the  highwiays,  in  conformity 
with  the  topography  thereof,  which  order  with  a map  or  diagram, 
showing  the  location  of  the  sidewalk  and  tree  planting,  certified 
by  the  town  superintendent,  shall  be  filed  in  the  office  of  the  town  * 

clerk,  wdthin  ten  days  after  the  making  of  the  order. 

Willful  injury  to  shade  trees.  A person  who  willfully  cuts  down,  girdles 
or  otherwise  injures  a fruit,  shade  or  ornamental  tree  standing  on  the  lands 
of  another,  or  of  the  people  of  the  State,  is  guilty  of  a misdemeanor.  Penal  * 

Code,  § 640,  subd.  2. 

Rights  of  electric  corporations  in  respect  to  shade  trees.  In  stringing  its 
wires  a corporation  has  no  right  to  cut  branches  of  trees  belonging  to  abut- 
ting owners,  unless  such  course  is  demanded  by  an  existing  necessity  which 
cannot  be  avoided  by  insulating  the  wires  or  by  employing  other  practical 
means  which  may  be  more  expensive  and  less  convenient.  Van  Scien  v. 

Jamaica  Electric  Light  Co.,  45  App.  Div.  1,  61  N.  Y.  Supp.  210  (1899).  The 
right  to  the  protection  of  shade  trees  vested  in  the  owners  of  adjoining 
lands  is  subservient  to  the  proper  and  legitimate  use  of  the  highway  by  the 
public.  The  question  as  to  whether  or  not  the  use  of  public  highways  in  the 
country  by  electric  lighting  companies  is  within  the  proper  public  use  of  such 
highways  is,  in  all  cases,  to  be  determined  by  the  necessity  of  the  light  for 
the  proper  use  of  such  highways.  Farmer  v.  Larchmont  Electric  Co.,  158 
N.  Y.  231  (1899). 

§ 62.  Expenditures  for  sidewalks. — The  town  superintendent  of 
any  town  may,  with  the  consent  of  the  town  board,  maintain 
and  repair  existing  sidewalks  in  such  town,  and  the  expense 
thereof  shall  be  a town  charge.  The  town  board  of  any  such  , 

town  may  on  the  petition  of  not  less  than  twenty-five  taxpayers 
of  the  town,  by  resolution,  direct  the  town  superintendent  to  con- 
struct a sidewalk  along  a described  portion  of  any  highwiay  of 
the  town,  in  a manner  and  not  exceeding  an  expense  to  be  speci- 
fied in  the  resolution,  and  the  expense  of  constructing  such  side- 
walk shall  be  a town  charge,  and  shall  be  paid  in  the  same  manner 
as  other  town  charges. 


§ 63.  Allowance  for  shade  trees.— There  shall  be  allowed  by 
the  town  superintendent,  with  the  consent  of  the  town  board,  to 
each  such  owner  or  occupant,  who  shall  set  out  or  transplant  by 
the  side  of  the  highway  adjoining  his  premises,  any  forest  shade 
trees,  fruit  trees,  or  nut  bearing  trees  suitable  for  shade  trees, 
in  conformity  with  the  preceding  section,  the  sum  of  one  dollar 
for  each  three  living  trees  so  set  out  or  transplanted,  to  be  paid 
by  the  supervisors  to  such  owiner  or  occupant,  upon  the  order  of 
the  town  superintendent  out  of  moneys  levied  and  collected  for 
miscellaneous  purposes.  Such  allowance  shall  only  he  made  for 
trees  so  set  out  or  transplanted  during  the  preceding  year,  and 
living  and  well  protected  from  animals  at  the  time  of  the  allow- 
ance. Such  trees  shall  be  set  out  or  transplanted  not  more  than 
eight  feet  from  the  outside  line  of  any  highway  three  rods  wide, 
and  not  more  than  one  additional  foot  distant  therefrom,  for 
each  additional  rod  in  width  of  highway,  and  not  less  than 
seventy  feet  apart,  on  the  same  side  of  the  highway,  if  elms, 
or  fifty  feet,  if  other  trees.  Trees  transplanted  by  the  side  of  the 
highway,  in  place  of  trees  which  have  died,  shall  be  allowed  for 
in  the  same  manner. 

§ 64.  Custody  of  shade  trees. — The  town  superintendent  shall 
have  the  full  control  of  all  shade  trees  in  the  public  highways  of 
the  town,  but  not  within  the  limits  of  an  incorporated  village,  and 
shall  prosecute  complaints  for  malicious  injury  to,  or  unlawful  acts 
concerning,  public  shade  trees.  Upon  the  recommendation  of  the 
town  superintendent,  the  town  board  may,  by  resolution,  appro- 
priate a sum,  not  exceeding  two  hundred  dollars,  to  be  known  as 
the  “ Shade  Tree  Fund.”  Such  fund  shall  be  placed  in  the 
hands  of  the  supervisor  as  custodian  and  shall  be  expended  by  him 
upon  the  written  order  of  the  town  superintendent,  for  the 
setting  out  and  preservation  of  shade  trees  along  the  highways  in 
such  town. 

§ 65.  Compensation  for  watering  troughs. — The  town  superin- 
tendent may,  with  the  consent  of  the  town  board,  authorize  the 
owner  or  occupant  of  lands  to  construct  and  maintain  a watering 
trough  beside  the  public  highway,  to  be  supplied  with  fresh  water, 
the  surface  of  which  shall  be  three  or  more  feet  above  the  level 
of  the  ground  and  easily  accessible  for  horses  with  vehicles,  but 
when  possible,  all  such  watering  troughs  shall  be  constructed  on 
the  lower  side  of  the  highway.  Such  watering  trough  shall  be 
maintained  by  such  owner  or  occupant  and  kept  supplied  with 
fresh  water.  The  town  superintendent  shall  annually  give  a 


written  order  upon  the  supervisor  for  three  dollars  to  he  paid  to 
such  owner  or  occupant  by  the  supervisor,  for  maintaining  such 
watering  trough,  and  keeping  the  same  supplied  with  fresh  water, 
out  of  moneys  levied  and  collected  for  miscellaneous  purposes. 

§ 66.  Credit  on  private  road.— Any  person  living  upon  a private 
road  may  be  credited  on  account  of  his  highway  taxes  in  any 
year  an  amount  equal  to  the  value  of  the  work  which  the  town 
superintendent  may  deem  necessary  to  be  done  in  such  year 
upon  such  road.  The  town  superintendent  shall  issue  to  him  a 
statement  containing  the  name  of  the  person,  the  location  of  the 
road,  the  amount  of  work  so  deemed  necessary  to  be  done,  and 
the  value  thereof.  Such  statement  shall  be  presented  to  the  town 
board  at  its  annual  meeting  for  the  audit  of  town  accounts,  and 
if  approved  by  such  board,  and  such  work  shall  have  been  done, 
an  order  shall  be  issued  directing  the  supervisor  to  pay  the  sum 
specified  in  such  statement  to  the  person  therein  named,  or  his 
assignee,  out  of  moneys  in  the  hands  of  the  supervisor  available 
for  highway  purposes.  The  amount  so  paid  in  any  year  shall  not 
exceed  the  amount  payable  by  the  person  named  in  such  state- 
ment on  account  of  moneys  levied  in  such  town  for  the  repair 
and  improvement  of  highways  as  provided  in  this  chapter.  This 
section  shall  not  apply  to  private  roads  or  rights  of  way  over 
lands  of  the  owner  thereof  used  by  him  for  his  own  convenience. 

§ 67.  Neglect  or  refusal  to  prosecute. — If  the  town  superin- 
tendent shall  neglect  or  refuse  to  prosecute  for  any  penalty,  know- 
ing the  same  to  have  been  incurred,  he  shall  be  liable  to  a penalty 
of  ten  dollars  for  every  such  neglect  or  refusal,  'which  shall  be 
recovered  by  action  in  the  name  of  the  town,  by  the  supervisor,  or 
by  any  taxpayer  of  the  town  who  shall  indemnify  the  town  for 
the  costs  and  expense  of  the  action,  in  such  manner  as  the  super- 
visor may  approve. 

§ 68.  Erection  of  guide  boards. — The  town  superintendent  may, 
with  the  consent  of  the  town  board,  cause  guide  posts  with  proper 
inscriptions  and  devices  to  be  erected  at  the  intersections  of  such 
highways  therein,  as  may  be  necessary,  which  shall  be  kept  in 
repair  by  him  at  the  expense  of  the  town.  Upon  written  applica- 
tion to  him,  of  five  resident  taxpayers  of  any  town  or  twienty 
resident  taxpayers  of  the  county  in  which  such  town  is  located, 
requesting  the  erection  of  one  or  more  guide  boards  at  the  inter- 
section of  highways  in  such  town,  it  shall  be  his  duty  to  cause  to 
be  erected  at  the  intersections  mentioned  in  such  application,  such 
guide  boards  indicating  the  direction,  distances  and  names  of  the 


177 


towns,  villages  or  cities  to  or  through  which  such  intersecting 
highways  run.  Such  application  shall  designate  the  highway  inter- 
sections at  which  such  guide  boards  are  requested  to  be  erected, 
and  may  contain  suggestions  as  to  the  inscriptions  and  devices  to 
be  placed  upon  such  boards.  The  cost  of  the  erection  and  main- 
tenance of  such  boards  shall  be  a town  charge.  If  the  town  super- 
intendent refuses  or  neglects  for  a period  of  sixty  days  after 
receiving  such  application  to  comply  with  the  request  contained 
therein,  he  shall,  for  such  neglect  or  refusal,  forfeit  to  the  town, 
the  sum  of  twenty-five  dollars,  to  be  recovered  by  the  supervisor  in 
the  name  of  the  town  and  the  amount  so  recovered  shall  be  set 
apart  for  the  erection  of  such  guide  boards. 

§ 69.  Measurement  of  highways  and  report. — Within  six  months 
after  the  taking  effect  of  this  chapter,  and  as  often  as  the 
commission  shall  direct,  the  town  superintendent  shall  measure 
all  highways  of  his  town.  Such  measurements  shall  be  made 
either  by  the  use  of  a cyclometer  or  otherwise  as  the  commission 
shall  direct.  He  shall  ascertain,  and  indicate  in  his  report,  the 
town  highways  which  have  been  surfaced  with  gravel,  those  which 
have  been  surfaced  wiith  crushed  stone  and  those  which  have  been 
shaped  and  crowned.  He  shall  report  in  triplicate  on  forms  to  be 
prescribed  and  furnished  by  the  commission,  the  total  mileage  of 
all  highways  within  his  town,  specifying  as  above  provided  as  to 
town  highways,  one  of  which  shall  be  filed  with  the  town  clerk, 
one  with  the  district  or  county  superintendent,  and  one  with  the 
commission. 

By  an  opinion  of  the  Attorney-General  under  date  of  May  3,  1909,  it  was 
held  that  if  it  appears  to  a town  superintendent  that  a road  has  not  been 
used  for  two  years  preceding  his  action  by  more  than  two  vehicles  daily, 
in  addition  to  pedestrians  and  horseback  riders,  he  has  the  authority  to 
declare  the  qualified  abandonment  of  the  road;  and  if  this  condition  has 
existed  for  two  years  prior  to  his  action,  he  was  justified  in  declaring  it 
abandoned  without  regard  to  the  occupancy  of  premises  along  its  route.  It 
was  also  held,  regarding  the  matter  of  measurement  of  qualifiedly  abandoned 
highways,  as  a part  of  the  town  highway,  “ that  the  provision  of  the  State 
Highway  Law  requiring  a measurement  of  such  roads  is  abrogated  and 
that  the  same  should  not  be  counted  as  a part  of  the  town’s  measurement.” 

It  was  also  held  that  “ The  parties  living  upon  or  owning  property  along 
such  road  should  be  assessed  and  road  taxes  laid  against  them  the  same  as 
all  other  residents  of  towns  outside  of  incorporated  villages  and  paid  at  the 
same  time  as  their  general  taxes.” 

§ 70.  Application  for  service  of  prisoners. — After  satisfying 
himself  that  proper  quarters  can  be  secured,  the  town  superin- 
12 


178 


tendent  may,  wiith  the  consent  of  the  town  board,  request  the 
supervisor  of  the  town  under  the  provisions  of  section  ninety- 
three  of  the  county  law,  to  procure  the  services  of  prisoners  serv- 
ing sentence  in  the  county  jail,  for  general  work  upon  the  public 
highways  of  the  town. 

§ 71.  Construction  and  repair  of  approaches  to  private  lands.-* 

The  owners  or  occupants  of  lands  shall  construct  and  keep  in  re- 
pair all  approaches  or  driveways  from  the  highway,  under  the 
direction  of  the  district  or  county  superintendent,  and  it  shall  be 
unlawful  for  such  owner  or  occupant  of  lands  to  fill  up  any  ditch 
or  place  any  material  of  any  kind  or  character  in  any  ditch  so  as 
to  in  any  manner  obstruct  or  interfere  with  the  purposes  for 
which  it  was  made.  The  town  superintendent  may,  when  di- 
rected by  the  town  board,  construct  and  keep  in  repair  such  ap- 
proaches and  the  expense  thereof  shall  be  a town  charge. 

§ 72.  Unsafe  toll  bridge. — Whenever  complaint  in  writing,  on 
oath,  shall  be  made  to  the  town  superintendent,  of  any  town  in 
which  shall  be  in  whole  or  in  part  any  toll  bridge  belonging  to 
any  person  or  corporation,  representing  that  such  toll  bridge  has 
from  any  cause  become  and  is  unsafe  for  the  public  use,  such 
town  superintendent  shall  forthwith  make  a careful  and  thor- 
ough examination  of  such  toll  bridge,  and  if  upon  the  examination 
thereof  he  shall  be  of  the  opinion  that  the  same  has  from  any 
cause  become  dangerous  or  unsafe  for  public  use,  he  shall  there- 
upon give  immediate  notice  to  the  owners  of  such  toll  bridge,  or 
to  any  agent  of  such  owners,  acting  as  such  agent  in  respect  to 
such  bridge,  that  he  has,  on  complaint  made,  carefully  and  thor- 
oughly examined  the  bridge,  and  found  it  to  be  unsafe  for  public 
use.  Such  owners  shall  thereupon  immediately  commence  re- 
pairing the  same,  and  cause  such  repairs  to  be  made  wiithin  one 
week  from  the  day  of  such  notice  given,  or  such  reasonable  time 
thereafter  as  may  be  necessary  to  thoroughly  repair  the  bridge, 
so  as  to  make  it  in  all  respects  safe  and  convenient  for  public 
use.  For  neglect  to  take  prompt  and  effective  measures  so  to  re- 
pair the  bridge,  its  owners  shall  forfeit  twenty-five  dollars,  and 
shall  not  demand  or  receive  any  toll  for  using  the  bridge  until 
the  same  shall  be  fully  repaired.  The  town  superintendent  shall 
cause  such  repairs  to  be  made  and  the  owners  of  the  bridge  shall 
be  liable  for  the  expense  thereof,  and  for  the  services  of  the 
superintendent,  and  upon  the  neglect  or  refusal  to  pay  the  same 
upon  presentation  of  an  account  therefor,  the  town  superintendent 
may  recover  the  same  by  action,  in  the  name  of  the  town. 


179 


§ 73.  Actions  for  injuries  to  highways. — The  town  superintend- 
ent shall  bring  an  action  in  the  name  of  the  town,  against  any 
person  or  corporation,  to  sustain  the  rights  of  the  public,  in  and  to 
any  town  highway  in  the  town,  and  to  enforce  the  performance  of 
any  duty  enjoined  upon  any  person  or  corporation  in  relation 
thereto,  and  to  recover  any  damages  sustained  or  suffered,  or  ex- 
penses incurred  by  such  town,  in  consequence  of  any  act  or  omis- 
sion of  any  such  person  or  corporation,  in  violation  of  any  lawi 
or  contract  in  relation  to  such  highway. 

§ 74.  liability  of  towns  for  defective  highways. — Every  town 
shall  be  liable  for  all  damages  to  person  or  property  sustained  by 
reason  of  any  defect  in  its  highways  or  bridges,  existing  because 
of  the  neglect  of  any  town  superintendent  of  such  town.  No  ac- 
tion shall  be  maintained  against  any  town  to  recover  such  dam- 
ages, unless  a verified  statement  of  the  cause  of  action  shall  have 
been  presented  to  the  supervisor  of  the  town  within  six  months 
after  the  cause  of  action  accrued.  And  no  such  action  shall  be 
commenced  until  fifteen  days  after  the  service  of  such  statement. 

§ 75.  Action  by  town  against  superintendent. — If  a judgment 
shall  be  recovered  against  a town  for  damages  to  person  or  prop- 
erty, sustained  by  reason  of  any  defect  in  its  highway  or  bridges, 
existing  because  of  the  neglect  of  any  town  superintendent,  such 
town  superintendent  shall  be  liable  to  the  town  for  the  amount  of 
the  judgment,  and  interest  thereon,  but  such  judgment  shall  not 
be  evidence  of  the  negligence  of  the  superintendent  in  the  action 
against  him. 

§ 76.  Audit  of  damages  without  action. — The  town  board  of 
any  town  may  audit  as  a town  charge,  in  the  same  manner  as 
other  town  charges  are  audited,  any  one  claim  not  exceeding  five 
hundred  dollars,  for  damages  to  person  or  property,  heretofore  or 
hereafter  sustained  by  reason  of  defective  highways  or  bridges  in 
the  town,  if  in  their  judgment  it  be  for  the  interest  of  the  town 
so  to  do;  but  no  claim  shall  be  so  audited  unless  it  shall  have  been 
presented  to  the  supervisor  of  the  town  within  six  months  after 
it  accrued,  nor  if  any  action  thereon  shall  be  barred  by  the  statute 
of  limitations.  The  town  board  may  also  audit  any  unpaid  judg- 
ment heretofore  or  hereafter  recovered  against  a town  superin- 
tendent for  any  such  damages,  if  such  town  board  shall  be  satis- 
fied that  he  acted  in  good  faith,  and  the  defect  causing  such 
damage  did  not  exist  because  of  the  negligence  or  misconduct  of 
the  superintendent  against  whom  such  judgment  shall  have  been 
recovered. 


180 


§ 77,  Closing  highways  for  repair  or  construction. — If  it  shall 

appear  necessary  to  a district  or  county  superintendent  to  close  a 
highway  which  is  being  constructed,  improved  or  repaired  under 
this  chapter  so  as  to  permit  a proper  completion  of  such  wjork,  he 
shall  execute  a certificate  and  file  the  same  in  the  office  of  the 
town  clerk  in  which  such  highway  is  situated.  Such  certificate 
shall  state  the  necessity  for  the  closing  of  such  highway  and 
describe  the  portion  thereof  to  be  closed ; not  more  than  two  miles 
of  any  highway  shall  be  closed  at  any  one  time.  At  the  time  of 
filing  such  certificate  such  district  or  county  superintendent  shall 
notify  the  town  superintendent  to  close  the  highway,  who  shall 
thereupon  close  the  same  to  public  travel  by  erecting  suitable 
obstruction  and  posting  conspicuous  notices  to  the  effect  that  the 
highway  is  closed.  The  town  superintendent  shall,  if  practicable, 
provide  a new  location  for,  and  construct  a temporary  highway  to 
be  used  by  the  traveling  public  in  lieu  of  the  closed  highway  and 
may  erect  temporary  bridges  when  necessary  or  cause  other 
existing  highways  to  be  used,  when  so  directed  by  the  district 
or  county  superintendent.  For  the  purpose  of  locating,  con- 
structing and  erecting  such  temporary  highway  or  bridge  the  town 
superintendent  may  enter  upon  the  lands  adjoining  or  near  to 
the  closed  highway  and  may,  with  the  approval  of  the  town  board, 
agree  wiith  the  owners  of  such  land  as  to  the  damages  if  any 
caused  thereby. 

If  the  town  superintendent  is  unable  to  agree  with  such  owner 
upon  the  amount  of  damages  thus  sustained  the  amount  thereof 
shall  be  ascertained,  determined  and  paid  as  provided  in  section 
fifty-eight.  When  such  highway  shall  have  been  closed  to  the 
public  as  provided  herein  any  person  who  disregards  the  obstruc- 
tion and  notice,  and  drives,  rides  or  walks  over  the  portion  of  the 
highway  so  closed  shall  be  guilty  of  a misdemeanor. 

§ 78.  Adoption  of  labor  system  for  removing  snow. — The 

town  board  of  any  town  at  its  annual  meeting  on  the  first  Thurs- 
day after  general  election,  may,  by  resolution,  determine  that  no 
money  shall  be  raised  in  such  town  for  the  ensuing  year  for  the 
removal  of  obstructions  in  the  highways  caused  by  snow,  and  that 
such  obstructions  shall  be  removed  by  the  labor  of  persons  and 
corporations  liable  to  be  assessed  in  such  towns  for  highway  taxes. 

Added  by  L.  1909,  ch.  488,  and  amended  by  L.  1910,  ch.  130. 

§ 79.  Assessment  of  labor  for  the  removal  of  snow. — The  town 

superintendent  of  a town  in  which  the  obstructions  in  the  high- 
ways caused  by  snow  shall  be  removed  by  the  labor  of  persons  and 


181 


corporations  liable  to  assessment  in  each  town  for  highway  taxes, 
pursuant  to  the  last  preceding  section  shall  annually  on  or  before 
November  fifteenth  divide  the  town  into  a convenient  number  of 
highway  districts  and  file  a description  thereof  in  the  office  of  the 
town  clerk,  and  before  such  date  shall  make  an  estimate  giving  the 
probable  number  of  days  labor  needed  during  the  following  year 
for  the  removal  of  obstructions  caused  by  snow  in  the  highways 
and  for  the  prevention  of  such  obstructions  and  shall  assess  one 
day’s  labor  upon  each  male  inhabitant  of  the  town  above  the  age  of 
twenty-one  years,  excepting  honorably  discharged  soldiers  and 
sailors  who  lost  an  arm  or  a leg  in  the  military  or  naval  service  of 
the  United  States,  or  who  are  unable  to  perform  manual  labor,  by 
reason  of  injuries  received  or  disabilities  incurred  in  such  service, 
members  of  any  fire  company  formed  or  created  pursuant  to  any 
statute,  and  situated  within  such  town,  persons  seventy  years  of 
age  or  over,  clergymen  and  priests  of  every  denomination,  paupers, 
idiots  and  lunatics.  The  balance  of  such  estimated  number  of 
days  shall  be  apportioned  and  assessed  upon  the  estate,  real  and 
personal,  of  every  inhabitant  of  the  town,  including  corporations 
liable  to  taxation  therein,  as  the  same  shall  appear  by  the  last 
assessment  roll  of  the  town,  and  upon  each  parcel  or  tract  of  land 
owned  by  the  nonresidents,  excepting  such  as  are  occupied  by  an 
inhabitant  of  the  town,  which  shall  be  assessed  to  the  occupant. 
The  assessment  of  labor  for  personal  property  must  be  in  the  dis- 
trict in  which  the  owner  resides,  and  I'kal  property  in  the  district 
where  it  is  situated,  except  that  the  assessment  of  labor  upon  the 
property  of  corporations  may  be  in  any  district  or  districts  of  the 
town,  and  such  labor  may  be  worked  out  or  commuted  for  as  if  the 
corporation  were  an  inhabitant  of  the  district ; but  the  real  prop- 
erty within  an  incorporated  city  or  village  exempted  from  the 
jurisdiction  of  the  town  superintendent,  and  personal  property  of 
an  inhabitant  thereof,  shall  not  be  assessed  for  such  labor  by  the 
town  superintendent.  Whenever  the  assessors  of  any  town  shall 
have  omitted  to  assess  any  inhabitant,  corporation  or  property 
therein,  the  town  superintendent  shall  assess  the  same,  and  ap- 
portion the  labor  as  above  provided. 

Added  by  L.  1909,  ch.  488,  and  amended  by  L.  1910,  eh.  13d. 

§ 80.  Lists  of  persons  assessed  for  removal  of  snow. — A copy 
of  the  lists  of  persons  and  corporations  assessed  shall  be  prepared 
by  the  town  superintendent  and  filed  in  the  office  of  the  town 
clerk.  The  town  superintendent  may  at  any  time  file  in  the  office 
of  the  town  clerk  a supplemental  list  containing  the  names  of 


persons  or  corporations  omitted  from  the  original  list,  and  the 
names  of  new  inhabitants,  and  shall  assess  them  in  proportion  to 
their  real  and  personal  estate  as  others  assessed  by  him  on  such 
list. 

Added  by  L.  1909,  ch.  488. 

§ 81.  District  foreman;  return  and  levy  of  unworked  tax. — 

The  town  superintendent  shall  also,  immediately  after  the  town 
has  been  divided  into  districts  as  provided  in  section  seventy- 
nine  of  this  chapter,  appoint  a foreman  in  each  district,  who  shall 
be  a taxable  resident  thereof,  who  shall  serve  for  one  year  and 
until  his  successor  is  appointed  and  shall  receive  such  per  diem 
compensation,  not  exceeding  two  dollars  per  day,  for  time  actually 
spent  in  performing  his  duties,  as  the  town  hoard  may  prescribe, 
payable  as  the  compensation  of  other  town  officers  is  paid.  The 
superintendent  shall  prepare,  from  the  lists  prescribed  in  section 
eighty,  a separate  list  for  each  district  of  persons  and  corporations 
assessed  therein  for  the  then  current  year  for  labor  in  removing 
obstructions  caused  by  snow,  showing  the  number  of  days  labor 
for  which  each  person  or  corporation  is  assessed,  and  shall  deliver 
each  such  list  to  the  foreman  of  the  proper  district.  It  shall  be 
the  duty  of  each  foreman  to  notify  the  several  persons  and  cor- 
porations thus  assessed,  or  such  of  them  as  the  occasion  demands, 
from  time  to  time  as  needed,  that  they  are  required  to  appear 
and  perform  labor  in  the  removal  of  obstructions  caused  by  snow 
at  a time  and  place  stated  by  the  foreman.  On  or  before  the  first 
day  of  May  each  district  list,  showing  the  portions  worked  or 
commuted  for,  the  portions  in  which  parties  were  notified  but 
failed  to  perform  work  after  being  so  notified,  and  the  portions 
upon  which  no  notice  to  perform  work  was  served,  shall  be  re- 
turned by  the  district  foreman  to  the  town  superintendent.  All 
assessments  upon  which  parties  have  been  notified  and  failed  to 
appear  or  commute  shall  then  be  certified  by  the  town  superin- 
tendent to  the  town  board,  who  shall  return  the  same  to  the  board 
of  supervisors  of  the  county  and  which  shall  be  included  by  them 
in  the  next  tax-roll  of  the  town  and  levied  against  the  persons 
and  corporations  assessed  at  the  rate  of  one  dollar  and  fifty  cents 
per  day  as  other  taxes  are  levied. 

Inserted  by  L.  1910,  ch.  136. 

§ 82.  Appeals  by  nonresident;  certain  assessments  to  be 
separate;  tenant  my  deduct  assessment. — Whenever  any  nonresi- 
dent owner  of  unoccupied  land  shall  conceive  himself  aggrieved 


183 


by  any  such  assessment  of  any  town  superintendent,  such  owner 
or  his  agent,  may,  within  thirty  days  after  such  list  has  been  filed 
in  the  office  of  the  town  clerk,  appeal  to  the  county  judge  of  the 
county  in  which  such  land  is  situated,  who  shall  within  twenty 
days  thereafter  hear  and  decide  such  appeal,  the  owner  or  agent 
giving  notice  to  the  town  superintendent  of  the  time  of  the  hearing 
before  the  judge,  and  his  decision  thereupon  shall  be  final  and 
conclusive.  Whenever  the  town  superintendent  shall  assess  the 
occupant  for  any  land  not  owned  by  such  occupant,  he  shall  dis- 
tinguish in  his  assessment  list  the  amount  charged  upon  such 
list,  from  the  personal  tax,  if  any,  of  the  occupant  thereof;  but 
when  any  such  land  shall  be  assessed  in  the  name  of  the  occu- 
pant, the  owner  thereof  shall  not  be  assessed  during  the  same 
year  on  account  of  the  same  land.  Whenever  any  tenant  of  any 
land,  for  a less  term  than  twenty-five  years,  shall  be  assessed  to 
work  on  the  highways  for  such  land,  and  shall  actually  perform 
such  work  or  commute  therefor,  he  shall  be  entitled  to  a deduction 
from  the  rent  due  or  to  become  due  from  him  for  such  land,  equal 
to  the  full  amount  of  such  assessment,  estimating  the  same  at  the 
rate  of  one  dollar  per  day,  unless  otherwise  provided  for  by  agree- 
ment between  the  tenant  and  his  landlord.  Whenever  the  high- 
ways in  any  district  are  obstructed  by  snow,  the  town  superin- 
tendent shall  immediately  call  upon  the  persons  and  corporations 
in  such  district  assessed  for  labor  in  pursuance  of  the  preceding 
sections  to  assist  in  removing  such  obstruction,  and  shall  credit 
such  persons  or  corporations  with  the  days’  labor  so  performed.  If 
any  persons,  corporations  or  occupants  of  land  owned  by  nonresi- 
dents so  called  out  neglect  or  refuse  to  appear  at  the  place  desig- 
nated by  the  town  superintendent  or  to  commute  at  a dollar  a day 
within  twenty-four  hours  after  due  notice,  the  town  superintend- 
ent shall  cause  the  obstruction  to  be  immediately  removed  and  on 
or  before  September  first  of  each  year,  or  at  such  other  time  as  the 
board  of  supervisors  may  by  resolution  prescribe,  make  out  a list 
of  all  persons,  corporations  or  occupants  of  lands  owned  by  non- 
residents who  shall  fail  to  work  out  such  labor  or  commute  there- 
for, with  the  number  of  days  not  worked  out  or  commuted  for  by 
each,  charging  for  each  day  in  such  list  at  the  rate  of  one  dollar 
and  fifty  cents  per  day,  verified  to  the  effect  that  such  persons, 
corporations  or  occupants  of  lands  owned  by  nonresidents  have 
been  notified  to  appear  and  perform  such  labor  or  commute  there- 
for, and  that  the  same  has  not  been  performed  or  commuted.  Such 


184 


list  shall  be  certified  by  the  town  superintendent  of  such  town  to 
the  town  board  and  by  such  town  board  to  the  board  of  super- 
visors and  the  highway  commission,  and  the  amount  of  such  ar- 
rearages shall  be  levied  by  such  board  of  supervisors  against  and 
collected  from  the  real  or  personal  estate  of  such  persons  and  cor-  > 

porations  and  from  the  real  estate  owned  by  nonresidents  specified 
in  such  list,  to  be  collected  by  the  collectors  of  the  several  towns 
in  the  same  manner  that  other  town  taxes  are  collected,  and  shall 
order  the  same  when  collected  to  be  paid  over  to  the  supervisor 
to  be  by  him  added  to  the  highway  fund  of  the  town.  No  persons  , 
or  corporations  shall  be  allowed  any  sum  for  highway  labor  per- 
formed in  removing  obstructions  caused  by  snow,  unless  author- 
ized or  directed  by  the  town  superintendent  to  perform  such  labor. 

It  shall  be  the  duty  of  the  town  superintendent  on  or  before  the 
thirty-first  day  of  October  in  each  year  to  file  with  the  highway  h 

commission  a statement  showing  the  number  of  days’  labor  as- 
sessed. It  shall  also  be  the  duty  of  the  town  superintendent  to 
file  with  the  highway  commission  on  or  before  the  first  day  of 
June  in  each  year  a statement  showing  the  number  of  days’  labor 
performed  or  commuted  for,  the  number  of  days’  labor  on  which 
parties  were  notified  but  failed  to  labor,  also  the  number  of  days’ 
labor  upon  which  no  notice  to  appear  was  given. 

Added  by  L.  1909,  ch.  488.  Renumbered  and  amended  by  L.  1910,  ch.  136. 

ARTICLE  V. 

Highway  Moneys;  State  Aid 

Section  90.  Estimate  of  expenditures  for  highways  and  bridges. 

91.  Duties  of  town  board  in  respect  to  estimates;  levy  of  taxes. 

92.  Additional  tax. 

93.  Extraordinary  repairs  of  highways  and  bridges. 

94.  Limitations  of  amounts  to  be  raised. 

95.  Submission  of  propositions  at  town  meetings. 

96.  Borrowing  money  in  anticipation  of  taxes. 

97.  Towns  may  borrow  money  for  bridge  and  highway  purposes. 

98.  Issue  and  sale  of  town  bonds. 

99.  Assessment  of  village  property. 

100.  Statement  by  clerk  of  board  of  supervisors. 

101.  Amount  of  state  aid. 

102.  Mileage  and  assessed  valuation. 

103.  Payment  and  distribution  of  state  money. 

104.  Custody  of  highway  moneys;  undertaking  of  supervisor. 

105.  Expenditures  for  repair  and  improvement  of  highways. 

106.  Expenditures  for  bridges  and  other  highway  purposes. 

107.  Reports  of  supervisor  as  to  highway  moneys. 


185 


Section  108.  Highway  accounts;  forms  and  blanks. 

109.  Duty  of  town  clerk. 

110.  Compensation  of  supervisor  and  town  clerk. 

111.  Additional  expenditure  for  improvement,  repair  and  main- 

tenance of  town  highways. 

§ 90.  Estimate  of  expenditures  for  highways  and  bridges. — 

The  town  superintendent  shall  annually,  on  or  before  the  thirty- 
first  day  of  October,  make  a written  statement  in  respect  to  the 
amount  of  money  which  should  be  raised  by  tax  in  the  town  for 
the  ensuing  year,  beginning  on  said  first  day  of  November,  for 
the  purposes  therein  set  forth  which  shall  be  filed  with  the  town 
clerk.  Such  statement  shall  specify : 

1.  The  amount  of  money  necessary  to  be  levied  and  collected 
for  the  repair  and  improvement  of  highways,  including  sluices, 
culverts  and  bridges  having  a span  of  less  than  five  feet.  Such 
amount  shall  not  be  less  than  an  amount  which  when  added  to 
the  amount  of  money  to  be  received  from  the  state,  under  the  pro- 
vision of  section  one  hundred  and  one,  will  equal  thirty  dollars 
for  each  mile  of  highways  within  the  town,  outside  the  limits  of 
incorporated  villages,  except  that  no  town  having  an  assessed 
valuation  of  three  thousand  seven  hundred  and  fifty  dollars  or 
less  per  mile  outside  of  incorporated  villages  shall  be  required  to 
levy  and  collect  a tax  under  this  subdivision  in  excess  of  four  dol- 
lars on  each  thousand  dollars  of  assessed  valuation. 

2.  The  amount  of  money  necessary  to  be  levied  and  collected 
for  the  repair  and  construction  of  bridges,  having  a span  of  five 
feet  or  more. 

3.  The  amount  of  money  necessary  to  be  levied  and  collected 
for  the  purchase,  repair  and  custody  of  stone  crushers,  steam 
rollers,  traction  engines,  road  machines  for  grading  and  scraping, 
tools  and  implements. 

4.  The  amount  of  money  necessary  to  be  levied  and  collected 
for  the  removal  of  obstructions  caused  by  snow  and  for  other  mis- 
cellaneous purposes. 

The  amounts  specified  in  such  statement  shall  not  exceed  the 
limitations  prescribed  in  section  ninety-four.  If  the  town  super- 
intendent is  of  the  opinion  that  an  amount  in  excess  of  the  limi- 
tations therein  prescribed  be  raised  by  tax  he  shall  include  in  his 
statement  his  reasons  therefor  in  detail. 

Change  in  method  of  highway  taxation.  One  of  the  objects  sought  by  this 
law  is  the  abolishing  of  the  old  labor  system  of  taxation  and  substituting  in 


186 


place  thereof  in  all  towns  the  money  system  of  raising  highway  taxes.  This 
has  affected  the  method  of  highway  taxation  in  less  than  three  hundred  of 
the  nine  hundred  and  thirty-three  towns  of  the  State.  In  other  towns  the 
money  system  is  in  force  when  this  chapter  takes  effect.  In  towns  adopting 
the  money  system,  under  the  former  law,  the  amount  of  the  tax  to  be  levied 
and  collected  in  the  town  was  to  be  determined  by  the  commissioner  or  com- 
missioners of  highways  and  the  town  board.  See  former  Highway  Law,  § 53. 
The  minimum  amount  to  be  collected  in  such  towns  for  the  repair  of  highways 
was  required,  by  that  section,  to  at  least  equal  one-half  the  value  of  the 
commutation  rates,  of  the  highway  labor  which  should  be  assessable  under 
the  labor  system.  This  section  of  the  former  law  did  not,  nor  does  the 
present  law,  prescribe  the  maximum  amount  which  could  be  raised  by  tax  for 
the  repair  and  maintenance  of  highways. 

If  it  became  necessary  to  raise  money  by  tax  upon  the  town  for  other  pur- 
poses than  the  repair  and  maintenance  of  highways,  authority  therefor,  either 
expressed  or  implied,  had  to  be  found  in  the  various  more  or  less  conflicting 
provisions  of  the  former  law.  The  new  law  seeks  to  eliminate  this  con- 
fusion by  placing  the  initiative  with  the  town  superintendent,  making  it 
his  duty  to  present  to  the  town  board  in  a formal  statement,  the  amount, 
which  in  his  opinion,  should  be  raised  in  the  town  during  the  ensuing  year 
for  the  purposes  specified  therein.  This  statement  is  in  the  nature  of  a high- 
way budget.  It  becomes  effectual  and  binding  upon  the  town  when  finally 
approved  by  the  town  board.  Upon  such  approval  it  is  to  be  submitted  to 
the  board  of  supervisors  who  thereupon  must  cause  the  amounts  specified  in 
the  statement  to  be  levied  and  collected  in  the  town  in  the  same  manner  as 
other  charges  against  the  town  are  levied  and  collected.  It  is  thus  pro- 
vided that  an  amount  sufficient  to  properly  administer  highway  affairs  in  the 
town  for  the  ensuing  year  will  be  collected  and  ready  for  use  in  the  hands 
of  the  supervisor.  This  statement  must  be  submitted  on  or  before  the  thirty- 
first  day  of  October,  which  brings  it  to  the  attention  of  the  town  board  so 
that  the  town  board  may  act  upon  it  at  its  regular  meeting  on  the  Thurs- 
day preceding  the  annual  meeting  of  the  board  of  supervisors.  The  levy  is 
made  by  the  board  of  supervisors  at  its  annual  meeting  and  when  the  tax 
warrant  reaches  the  hands  of  the  collector  it  provides  for  the  collection  of 
money  sufficient  to  take  care  of  highway  matters  during  the  ensuing  year. 
Such  moneys  will  be  paid  over  to  the  supervisor,  for  the  most  part,  in  the 
months  of  January,  February  or  March,  prior  to  the  time  when  active  opera- 
tions upon  the  highways  are  required  to  be  begun. 

By  an  opinion  of  the  Attorney-General  under  date  of  February  10,  1909, 
it  was  held  that  observance  of  the  provisions  of  subdivision  1 of  section  90 
of  the  Highway  Law  is  a condition  precedent  to  a town  receiving  State  aid. 
It  was  also  held  that  the  minimum  amount  provided  by  the  statute  for  the 
repair  and  improvement  of  highways  must  be  levied  and  collected  each  year, 
irrespective  of  any  balance  remaining  over  from  other  years. 

By  an  opinion  of  the  Attorney-General  under  date  of  May  24,  1909,  it 
was  held  that  property  purchased  with  pension  money  is  liable  for  taxation 
under  each  of  the  subdivisions  of  section  90. 

§ 91.  Duties  of  town  board  in  respect  to  estimates;  levy  of  taxes. 

— The  town  board,  at  its  meeting  held  on  the  Thursday  suc- 
ceeding general  election  day  in  each  year,  shall  consider  the  esti- 


187 


mates  contained  in  such  statement.  It  may  by  a majority  vote 
of  the  members  thereof,  approve  such  statement,  or  increase  or 
reduce  the  amount  of  any  of  the  estimates  contained  therein,  sub- 
ject to  the  limitations  prescribed  in  section  ninety-four.  The 
statement  as  thus  approved,  increased  or  reduced  shall  be  signed 
in  duplicate  by  a majority  of  the  members  of  the  town  board,  one 
of  which  shall  be  filed  in  the  office  of  the  town  clerk,  and  the 
other  shall  be  delivered  to  the  supervisor.  The  town  clerk  shall 
make  and  transmit  a copy  of  such  statement  to  the  commission. 
The  supervisor  shall  present  such  statement  to  the  board  of  super- 
visors, and  such  board  shall  cause  the  amounts  therein,  subject  to 
the  limitation  requiring  a vote  of  the  electors  as  hereafter  pro- 
vided, to  be  assessed,  levied  and  collected  in  such  town  in  the 
same  manner  as  other  town  charges,  and  such  amounts  shall  be 
expended  for  the  purposes  specified  in  such  statement.  The  war- 
rant for  the  collection  of  taxes  in  such  town  shall  direct  the  pay- 
ment of  the  money  so  collected  to  the  supervisor  of  the  town,  to  be 
held  by  him  and  paid  out  for  the  purposes  specified  in  such  state- 
ment, as  provided  in  this  chapter. 

Insufficient  appropriations.  In  the  absence  of  authority  conferred  upon 
him  the  town  superintendent  has  no  power  to  proceed  with  the  improve- 
ments, and  apply  in  payment  therefor  the  appropriation  for  the  succeeding 
year,  and  expenditures  so  made  create  no  legal  claim  against  the  town. 
People  ex  rel.  Peterson  v.  Clark,  45  App.  Div.  65,  60  N.  Y.  Supp.  1045  (1899). 
The  town  superintendent  of  highways  cannot  of  his  own  volition  bind  the 
town  for  a greater  amount  than  that  estimated,  levied  and  collected.  Mather 
v.  Crawford,  36  Barb.  564  (1862);  Barker  v.  Loomis,  6 Hill,  463  (1844). 

§ 92.  Additional  tax. — Whenever  the  town  superintendent  and 
the  town  board  shall  determine  that  the  sum  of  one  thousand 
dollars  will  be  insufficient  to  pay  the  expenses  actually  neces- 
sary for  the  removal  of  obstructions  caused  by  snow  and  the 
prevention  of  such  obstructions,  and  whenever  they  shall 
determine  that  the  amounts  levied  and  collected  for  any 
of  the  purposes  mentioned  in  the  statement  presented  to 
the  board  of  supervisors,  as  provided  in  the  preceding 
section,  are  insufficient  to  pay  the  expenses  necessarily  incurred 
for  any  of  the  purposes  therein  specified  they  may  cause  a vote 
to  be  taken  by  ballot  at  a biennial  town  meeting  or  at  a special 
town  meeting  duly  called  therefor,  authorizing  such  additional 
sum  to  be  raised  as  they  may  deem  necessary  for  such  purpose, 
not  exceeding  one-third  of  one  per  centum  upon  the  taxable  prop- 
erty of  the  town  as  shown  by  the  last  assessment-roll  thereof. 


188 


§ 93.  Extraordinary  repairs  of  highways  and  bridges. — If  any 

highway  or  bridge  shall  at  any  time  be  damaged  or  destroyed  by 
the  elements  or  otherwise,  or  become  unsafe  for  public  use  and 
travel,  or  if  any  bridge  be  condemned  by  the  commission,  as 
provided  in  this  chapter,  the  town  superintendent  shall  cause  the 
same  to  be  immediately  repaired  or  rebuilt  with  the  approval 
of  the  town  board.  Such  highway  or  bridge  shall  be  so  repaired 
or  rebuilt  in  accordance  with  the  directions  or  the  plans  and 
specifications  prepared  or  approved  by  the  district  or  county 
superintendent;  except  if  the  bridge  to  be  repaired  or  rebuilt 
is  one  which  has  been  condemned  by  the  commission,  as  provided 
in  this  chapter,  the  same  shall  be  repaired  or  rebuilt  in  accordance 
with  plans  and  specifications  to  be  prepared  or  approved  by  the 
commission.  If  the  expense  of  repairing  or  rebuilding  a bridge 
hereunder  shall  exceed  five  hundred  dollars,  it  shall  be  done  under 
a written  contract  therefor,  which  must  be  approved  by  the  towm 
board.  The  town  clerk  shall  prepare  a statement  showing  the 
probable  cost  of  improving,  repairing  or  rebuilding  such  highway 
or  bridge,  which  statement  shall  be  signed  in  duplicate  by  a 
majority  of  the  members  of  the  town  board,  one  of  which  dupli- 
cates shall  be  filed  with  the  town  clerk  and  one  be  delivered  to  the 
supervisor.  The  town  clerk  shall  make  a copy  of  such  statement 
and  transmit  the  same  to  the  commission.  The  supervisor  shall 
present  such  statement  to  the  board  of  supervisors,  who  shall 
cause  the  amount  contained  in  such  statement  to  be  assessed, 
levied  and  collected  in  the  same  manner  as  amounts  levied  and 
collected  for  other  highway  and  bridge  purposes,  as  provided  by 
law.  The  amount  so  raised  shall  be  paid  to  the  supervisor  to  be 
expended  for  the  purposes  specified  in  such  statement. 

Application.  This  section  does  not  authorize  the  rebuilding  of  a bridge 
which  has  become  defective  by  ordinary  wear  and  tear  or  the  natural  decay 
of  the  materials  of  which  it  was  constructed,  at  a cost  exceeding  the  moneys 
appropriated  for  highway  purposes;  it  only  authorizes  such  construction 
where  the  bridge  has  become  destroyed  by  some  emergency  or  by  some 
extraordinary  cause.  It  is  more  than  doubtful  if  this  section  has  any  rela- 
tion to  or  was  intended  to  apply  where  a bridge  or  its  approaches  are  partly 
in  two  towns.  People  ex  rel.  Canton  Bridge  Co.  v.  Town  Auditors,  136  App. 
Div.  166  (1909),  120  N.  Y.  Supp.  696. 

§ 94.  limitations  of  amounts  to  be  raised. — The  amounts  to  be 
raised  by  tax  upon  the  vote  of  a town  board,  as  provided  in  this 
article,  shall  be  subject  to  the  following  limitations: 

1.  The  amount  to  be  .levied  and  collected  in  each  year  for  the 
repair  and  improvement  of  highways,  including  sluices,  culverts 


189 


and  bridges  having  a span  of  less  than  five  feet,  shall  not  be  less 
than  the  amount  prescribed  under  subdivision  one  of  section 
ninety. 

2.  Not  more  than  fifteen  hundred  dollars  shall  be  levied  and 
collected  in  any  one  year  in  any  town  for  the  repair  and  con- 
struction of  a bridge  unless  duly  authorized  by  vote  of  a town 
meeting. 

3.  Not  more  than  five  hundred  dollars  shall  be  levied  and 
collected  in  any  one  year  in  any  town  for  the  purchase  or  repair 
of  stone  crushers,  steam  rollers,  traction  engines  or  road  machines 
for  grading  and  scraping,  tools  and  implements,  unless  duly  au- 
thorized by  the  vote  of  a town  meeting. 

4.  Not  more  than  fifteen  hundred  dollars  shall  be  levied  and 
collected  in  any  one  year  in  any  town  for  the  repair  or  construc- 
tion of  any  highway  or  bridge  which  has  been  damaged  or  de- 
stroyed as  provided  in  section  ninety-three  or  which  has  been 
condemned  by  the  commission  as  provided  in  this  chapter,  unless 
duly  authorized  by  vote  of  a town  meeting. 

Debts  in  excess  of  limitation.  A town  superintendent  has  no  general  au- 
thority to  bind  the  town  by  his  contracts.  He  must  find  his  authority  in  the 
statute,  and  those  who  deal  with  him,  and  with  the  other  officers  of  the  town 
are  presumed  to  know  this  limitation  of  power.  See  People  ex  rel.  Everett  v. 
Supervisors,  93  N.  Y.  397  (1883)  ; Berlin  Bridge  Co.  v.  Wagner,  57  Hun,  346, 
10  N.  Y.  Supp.  840  (1890).  If  he  and  the  town  board  attempt  to  raise  by 
tax  more  money  than  the  limit  prescribed  by  this  section,  the  levy  would  be 
invalid,  and  the  collection  of  the  tax  might  be  legally  prevented. 

§ 95.  Submission  of  propositions  at  town  meetings. — A proposi- 
tion to  authorize  the  levy  and  collection  of  an  amount  greater  than 
that  specified  in  the  preceding  section  for  any  of  the  purposes 
therein  mentioned  may  be  submitted  upon  the  written  application 
of  twenty-five  taxpayers  upon  the  last  town  assessment-roll  or  by  a 
majority  of  the  members  of  the  town  board,  at  a biennial  town 
meeting  or  a special  town  meeting  duly  called  as  provided  by  law. 
The  provisions  of  the  town  law  relating  to  the  submission  of  town 
propositions  at  a biennial  or  special  town  meeting  shall  apply  to 
the  submission  of  such  propositions.  If  such  proposition  be 
adopted  the  town  board  shall  include  in  the  estimates  contained  in 
the  next  statement  submitted  by  it  to  the  board  of  supervisors,  as 
provided  in  section  ninety-one,  the  amounts  authorized  to  be 
raised  by  such  proposition  for  the  purposes  therein  stated,  and 
thereupon  such  amounts  shall  be  levied  and  collected,  and  paid 
to  the  supervisor,  to  be  expended  by  him  as  directed  by  such  propo- 
sition. 


190 


§ 96.  Borrowing  money  in  anticipation  of  taxes. — The  super-  ^ 

visor  may,  when  authorized  by  the  town  board,  borrow  money  in 
anticipation  of  taxes  to  be  levied  and  collected,  on  the  credit  of 
the  town,  and  issue  certificates  of  indebtedness  therefor  in  the 
following  cases: 

1.  When  an  additional  sum  is  directed  to  be  levied  and  collected 
by  a vote  of  a town  meeting  as  provided  in  section  ninety-two. 

2.  When  an  amount  necessary  for  the  payment  of  expenses  in- 
curred in  the  improvement,  repair  and  rebuilding  of  a highway 
or  bridge  has  been  directed  to  be  levied  and  collected  as  provided 
in  section  ninety-three. 

3.  When  a proposition  has  been  adopted  at  a town  meeting  as 
provided  in  section  ninety-five  authorizing  the  levy  and  collection 
of  an  amount  greater  than  that  specified  in  section  ninety-four  for 
any  of  the  purposes  therein  mentioned. 

Such  certificates  of  indebtedness  shall  be  signed  by  the  super- 
visor and  the  town  clerk  and  shall  bear  interest  at  a rate  not  ex- 
ceeding six  per  centum  for  a period  not  exceeding  one  year.  The 
amount  so  borrowed  shall  be  paid  out  by  the  supervisor  for  the 
purposes  for  which  the  taxes,  in  anticipation  of  which  such  cer- 
tificates were  issued,  is  to  be  levied  and  collected.  The  principal 
and  interest  of  such  certificates  shall  be  paid  by  the  supervisor 
immediately  upon  the  collection  of  the  taxes  levied  for  such 
purposes. 

§ 97.  Towns  may  borrow  money  for  bridge  and  highway  pur- 
poses.— A proposition  may  be  submitted  at  a regular  or  special 
town  meeting  in  the  manner  provided  by  the  towm  law,  authoriz- 
ing the  town  to  borrow  money  upon  its  bonds,  or  other  obligations, 
to  be  expended  for  the  following  purposes : 

1.  Constructing,  building,  repairing  or  discontinuing  any  high- 
way or  bridge  therein,  or  upon  its  borders. 

2.  Repairing  or  rebuilding  any  highway  or  bridge  which  shall 
at  any  time  be  damaged  or  destroyed  by  the  elements  or  otherwise, 
or  become  unsafe  for  public  use  and  travel. 

3.  Repairing  or  rebuilding  any  bridge  which  has  been  con- 
demned by  the  commission,  as  provided  in  this  chapter. 

4.  The  purchase  of  stone  crushers,  steam  rollers  and  traction 
engines. 

The  vote  upon  any  such  proposition  shall  be  by  ballot.  If 
any  such  proposition  shall  be  adopted,  the  board  of  supervisors, 
upon  the  application  of  the  town  board,  shall  by  resolution  author- 


191 


ize  the  town  to  issue  bonds  not  exceeding  the  amount  specified  in 
said  proposition,  which  shall  be  sufficient  to  refund  and  pay  any 
temporary  loan  or  certificate  of  indebtedness,  and  to  provide  for 
the  completion  of  any  wtork  authorized.  There  shall  accompany 
such  application  a statement  signed  by  a majority  of  the  members 
of  the  town  board,  and  certified  by  the  town  clerk,  containing  a 
copy  of  the  proposition  submitted,  as  above  provided,  the  vote  for 
and  against  the  same,  and  specifying  the  amount  which  it  is 
estimated  will  be  required  to  be  expended,  pursuant  to  such  prop- 
osition. If  the  highway  or  bridge,  proposed  to  be  constructed, 
built,  repaired  or  discontinued,  is  situated  in  two  or  more  towns  in 
the  same  county,  the  board  of  supervisors  shall,  if  application  be 
made  by  each  of  such  towns,  apportion  the  expense  thereof  among 
such  towns,  in  such  proportion  as  it  shall  deem  to  be  just.  If 
the  town  adopting  any  such  proposition  shall  contain  any  portion 
of  the  land  of  the  forest  reserve,  the  board  of  supervisors  shall 
not  authorize  such  town  to  borrow  moneys  without  the  written  ap- 
proval of  the  forest,  fish  and  game  commissioner,  except  in  pay- 
ment of  a debt  lawfully  incurred  by  the  town. 

§ 98.  Issue  and  sale  of  town  bonds. — The  board  of  supervisors 
shall,  from  time  to  time,  impose  upon  the  taxable  property  of  the 
town  a tax  sufficient  to  pay  the  principal  and  interest  of  such 
obligations  as  they  shall  become  due.  The  supervisors  and  town 
clerk  shall  each  keep  a record,  showing  the  date  and  amount  of 
the  obligations  issued,  the  time  and  place  of  their  payment,  and 
the  rate  of  interest  tliereon.  The  obligations  shall  be  delivered 
to  the  supervisor  of  the  town,  who  shall  dispose  of  the  same  for 
not  less  than  par  and  apply  the  proceeds  thereof  for  the  purposes 
for  which  they  were  issued.  Hot  more  than  five  hundred  dollars 
of  such  proceeds  shall  be  expended  upon  any  highway  or  bridge, 
except  in  pursuance  of  a contract  executed  by  the  town  super- 
intendent as  provided  in  section  forty-eight. 

§ 99.  Assessment  of  village  property.—  In  any  town  in  which 
there  may  be  an  incorporated  village,  which  forms  a separate  road 
district,  and  wherein  the  roads  and  streets  are  maintained  at  the 
expense  of  such  village,  all  property  within  such  village  shall  be 
exempt  from  the  levy  and  collection  of  taxes  levied  in  the  town, 
as  provided  by  section  ninety-one  of  this  article,  for  the  repair 
and  improvement  of  highways,  including  sluices,  culverts  and 
bridges  having  a span  of  less  than  five  feet.  The  assessors  of  such 
town  shall  indicate  in  a separate  column  the  value  of  the  real  and 
personal  property  included  in  such  incorporated  village. 


192 


§ 100.  Statement  by  clerk  of  board  of  supervisors. — The  clerk 

of  the  board  of  supervisors  of  each  county  shall,  on  or  before  the 
first  day  of  January  of  each  year,  transmit  to  the  state  comp- 
troller and  the  commission  a statement,  signed  and  verified  by  the 
chairman  of  the  board,  and  certified  by  the  clerk,  which  shall 
state  the  name  of  each  town,  the  assessed  valuation  of  real  prop- 
erty, and  the  assessed  valuation  of  personal  property,  each  sepa- 
rately, in  the  towns  outside  incorporated  villages,  and  the  amount 
of  tax  levied  therein  for  the  repair  and  improvement  of  high- 
ways, including  sluices,  culverts  and  bridges  having  a span  of 
less  than  five  feet.  The  towns’  valuation  of  real  property  to  he 
used  in  such  statement  shall  be  the  valuation  thereof,  as  equal- 
ized by  the  boards  of  supervisors,  or  other  competent  authority, 
during  the  year  prior  to  the  levy  of  taxes  upon  which  is  based  the 
determination  of  the  amounts  to  be  paid  to  the  several  towns,  as 
provided  in  this  article. 

Object  of  statement.  Tlie  purpose  of  this  statement  is  to  alford  the  state 
comptroller  and  the  commission  information  sufficient  to  permit  a payment 
to  each  town  of  the  amount  to  which  it  is  entitled  under  section  100.  The 
amount  so  to  be  paid  to  each  town  is  based  upon  the  amount  of  taxes  levied 
therein  for  the  repair  and  improvement  of  highways.  The  final  estimate  of 
the  amounts  to  be  raised  for  highway  purposes  within  the  town  being  approved 
by  the  town  board,  and  submitted  to  the  board  of  supervisors  it  becomes  tlia 
duty  of  the  board  to  levy  a tax  upon  the  town  sufficient  to  meet  highway 
requirements  during  the  ensuing  year.  The  amount  of  taxes  levied  for  the 
repair  and  improvement  of  highways  should  be  kept  separately  from  the 
taxes  levied  for  the  other  purposes  mentioned  in  such  estimate  so  that  the 
clerk  of  the  board  of  supervisors  may  prepare  the  statement  required  by  this 
section. 

State  aid  is  not  only  allowed  on  account  of  moneys  raised  for  the  repair 
and  improvement  of  highways.  If  an  additional  amount  is  raised  for  such 
repair  and  improvement,  as  provided  in  section  92,  it  should  be  included  in 
the  statement. 

§ 101.  Amount  of  state  aid. — There  shall  be  paid  by  the  state 
to  the  several  towns,  in  the  manner  hereinafter  provided,  an 
amount  based  upon  the  amount  of  taxes  levied  therein  for  the  re- 
pair and  improvement  of  highways,  sluices,  culverts  and  bridges 
having  a span  of  less  than  five  feet,  and  to  be  determined  as 
follows : 

1.  In  towns  v7here  the  assessed  valuation  of  real  and  personal 
property,  exclusive  of  such  property  in  incorporated  villages, 
shall  be  less  than  five  thousand  dollars  for  each  mile  of  highways 
in  such  towns,  outside  of  incorporated  villages,  an  amount  equal 
to  the  amount  of  such  taxes. 


2.  In  towns  where  such  assessed  valuation  shall  be  five  thou- 
sand dollars  or  over  and  less  than  seven  thousand  dollars  for  each 
mile  of  such  highways,  an  amount  equal  to  ninety  per  centum  of 
the  amount  of  such  taxes. 

3.  In  towns  where  such  assessed  valuation  shall  be  seven  thou- 
sand dollars  or  over  and  less  than  nine  thousand  dollars  for  each 
mile  of  such  highways,  an  amount  equal  to  eighty  per  centum  of 
the  amount  of  such  taxes. 

4.  In  towns  where  such  assessed  valuation  shall  be  nine  thou- 
sand dollars  or  over  and  less  than  eleven  thousand  dollars  for 
each  mile  of  such  highways,  an  amount  equal  to  seventy  per 
centum  of  the  amount  of  such  taxes. 

5.  In  towns  where  such  assessed  valuation  shall  be  eleven  thou- 
sand dollars  or  over  and  less  than  thirteen  thousand  dollars  for 
each  mile  of  such  highways,  an  amount  equal  to  sixty  per  centum 
of  the  amount  of  such  taxes. 

6.  In  towns  where  such  assessed  valuation  shall  be  thirteen 
thousand  dollars  or  over  for  each  mile  of  such  highways,  an 
amount  equal  to  fifty  per  centum  of  such  taxes.  Provided  that 
no  town  shall  receive  from  the  state  in  any  year,  under  this  sec- 
tion, an  amount  exceeding  an  average  of  twenty-five  dollars  per 
mile,  for  the  total  mileage  of  its  highways  outside  of  incorporated 
villages,  except  that  in  towns  where  the  assessed  valuation  of  real 
and  personal  property  therein,  exclusive  of  such  property  in  in- 
corporated villages,  averages  more  than  twenty-five  thousand  dol- 
lars for  each  mile  of  highways  therein  outside  of  such  villages, 
the  amount  paid  hereunder  shall  not  exceed  one-tenth  of  one  per 
centum  of  such  assessed  valuation. 

From  an  opinion  of  the  Attorney-General  under  date  of  October  24,  1910, 
it  was  held: 

“ It  is  evident  that  the  use  of  moneys  * * * moneys  raised  for  the 

repair  and  improvement  of  highways,  including  state  aid,  are  never  available 
for  the  construction  of  new  town  roads  and  could  not  be  legally  diverted  to 
any  other  use.  The  different  funds  are  required  to  be  kept  separate  by 
section  107  of  the  Highway  Law,  also  by  order  of  the  State  Highway  Com- 
mission, and  a surplus  in  one  fund  is  not  available  for  use  for  other  work. 
I am,  therefore,  of  the  opinion  that  moneys  known  as  state  aid  cannot  be 
used  in  the  building  and  construction  of  new  town  roads  or  for  the  payment 
of  damages  awarded  to  land  owners  in  the  laying  out  of  a new  highway,  or 
for  any  other  purpose  except  the  repair  and  improvement  of  the  highways 
of  the  town. 

“ In  reply  to  that  part  of  your  enquiry  as  to  how  the  town  can  procure 
the  necessary  money  to  build  a highway,  if  it  cannot  be  taken  from  the 

13 


194 


general  fund  for  the  repair  and  improvement  of  the  highways,  I beg  to  state 
that  section  90  of  the  Highway  Law  requires  the  town  superintendent  to 
make  estimates  of  the  amounts  that  should  be  raised  by  tax  in  the  town 
for  the  ensuing  year,  and  by  subdivision  4 thereof  he  can  make  an  estimate 
and  present  it  to  the  town  board  of  the  amount  which  he  deems  necessary 
should  be  raised  for  building  a town  highway  that  has  been  newly  laid  out. 
It  is  certainly  a miscellaneous  purpose  not  provided  for  in  any  other  subdi- 
vision of  that  section.  There  is  no  limitation  to  the  amount  that  can  be 
raised  for  miscellaneous  purposes  except  as  it  is  controlled  by  the  public 
necessities  of  the  town. 

“ It  is  also  a purpose  that  can  only  arise  occasionally  in  any  town  and  is 
not  of  annual  occurrence  like  most  of  the  other  purposes  mentioned  in  the 
act  referred  to. 

“ The  estimates  above  mentioned  are  then  laid  before  the  town  board  and 
if  it  approves  the  several  amounts  are  laid  before  the  board  of  supervisors 
and  raised  in  the  same  way  as  other  highway  taxes  in  the  town,  but  if  this 
method  is  not  deemed  expedient  and  if  any  town  board  should  not  feel  that 
it  was  authorized  to  raise  the  amount  as  above  outlined,  a proposition  can 
be  submitted  as  provided  by  section  97  of  the  Highway  Law  to  the  voters 
of  the  town.” 

§ 102.  Mileage  and  assessed  valuation. — The  mileage  of  high- 
ways in  towns  to  he  used  in  determining  the  amounts  to  be  paid 
to  such  towns  under  the  provisions  of  this  article  shall  be  the 
tables  of  mileage  heretofore  prepared  by  the  state  engineer,  until 
the  corrected  tables  of  mileage  prepared  as  provided  in  section 
fifteen  of  this  chapter  are  filed.  Such  tables  and  all  corrections 
thereof  shall  be  filed  with  the  commission  and  comptroller.  The 
assessed  valuation  of  real  property  to  be  used  in  determining 
such  amounts  shall  be  the  valuation  thereof,  equalized  as  provided 
in  section  one  hundred  and  forty-one  of  this  chapter,  during  the 
year  prior  to  the  levy  of  taxes  upon  which  is  based  the  determina- 
tion of  the  amounts  to  be  paid  to  the  several  towns,  as  provided 
in  this  article. 

§ 103.  Payment  and  distribution  of  state  money. — The  comp- 
troller shall  determine  the  amount  due  to  the  several  towns,  under 
the  provisions  of  this  article,  and  shall  draw  his  warrant  upon 
the  state  treasurer  in  favor  of  the  county  treasurer  of  each  county 
for  the  total  amount  to  be  paid  to  the  towns  in  such  county,  as  so 
determined  by  him,  and  shall  indicate  the  amount  to  be  paid  to 
each  town.  The  county  treasurer  shall  pay  to  the  supervisor  of 
each  town  the  amount  to  which  such  town  is  entitled,  as  deter- 
mined and  indicated  by  the  comptroller.  No  such  payment  shall 
be  made  until  the  supervisor  has  filed  in  the  office  of  the  county 
treasurer  a certified  copy  of  the  undertaking  given  by  him,  as 
provided  in  this  article. 


195 


§ 104.  Custody  of  highway  moneys;  undertaking  of  supervisor. — 

All  moneys  levied  and  collected,  as  provided  in  this  article, 
all  moneys  collected  as  penalties  under  this  chapter,  or  received 
from  any  other  source  and  available  for  highway,  bridge  and  mis- 
cellaneous purposes  and  all  moneys  received  from  the  state,  as 
provided  in  section  one  hundred  and  one,  shall  be  paid  to  the 
supervisor,  who  shall  be  the  custodian  thereof,  and  accountable 
therefor.  Before  receiving  any  such  moneys  the  supervisor  shall 
give  an  undertaking  to  the  town  in  an  amount  to  be  specified  by 
the  commission  and  with  such  sureties,  as  shall  be  approved  by 
the  town  board,  conditioned  for  the  faithful  disbursement,  safe- 
keeping and  accounting  of  the  moneys  so  received  by  him.  Such 
undertaking  shall  be  filed  in  the  office  of  the  town  clerk  and  a 
certified  copy  thereof  shall  be  filed  in  the  office  of  the  county 
treasurer  before  any  moneys  received  from  the  state  shall  be 
paid  to  him,  and  also  in  the  office  of  the  commission.  In  case  of 
a failure  of  the  supervisor  to  faithfully  disburse,  safely  keep  or 
account  for  moneys  received  from  the  state  the  commission  may 
bring  an  action  on  such  bond  in  the  name  of  the  town. 

By  an  opinion  of  the  Attorney-General  under  date  of  May  4,  1910,  it  was 
held,  that  “ The  rules  and  regulations  made  by  your  Commission  requiring 
the  supervisor  to  keep  the  highway  funds  of  the  town  in  a separate  account, 
are  clearly  within  your  authority,  and,  considered  in  the  light  of  the  several 
provisions  of  the  statute  above  referred  to,  it  is  made  your  duty  to  formu- 
late and  provide  the  same;  and  it  is  clear  that  you  can  compel  compliance 
with  such  rules  and  regulations  in  the  event  of  a failure  or  refusal  to  comply 
therewith.” 

By  an  opinion  of  the  Attorney-General  under  date  of  May  8,  1909,  it  was 
held  that  “ No  highway  moneys  can  be  paid  to  such  supervisor  until  he  has 
executed  and  filed  in  the  office  of  his  town  clerk,  a bond  in  such  an  amount 
as  your  Commission  may  specify,  to  be  approved  by  the  town  board  of  your 
town,  and  until  such  bond  has  been  executed  the  county  treasurer  would 
have  no  right  to  pay  over  any  highway  moneys  to  him.” 


§ 105.  Expenditures  for  repair  and  improvement  of  highways. — 

The  moneys  levied  and  collected  for  the  repair  and  improve- 
ment of  highways,  including  sluices,  culverts  and  bridges  having 
a span  of  less  than  five  feet,  and  the  moneys  received  from  the 
state,  as  provided  by  section  one  hundred  and  one,  shall  be  ex- 
pended for  the  repair  and  improvement  of  such  highways,  sluices, 
culverts  and  bridges,  at  such  places  and  in  such  manner  as  may  be 
agreed  upon  by  the  town  board  and  town  superintendent.  The 
town  board  and  the  town  superintendent  shall  constitute  a board 
for  the  purpose  of  determining  the  places  where  and  the  manner  in 


which  such  moneys  shall  be  expended.  Such  agreement  shall  he 
written  and  signed  in  duplicate  by  a majority  of  the  members  of 
the  board  so  constituted,  and  shall  be  approved  by  the  commission, 
before  the  same  shall  take  effect.  One  of  such  duplicates  shall 
be  filed  in  the  office  of  the  town  clerk  and  one  in  the  office  of  the 
district  or  county  superintendent.  Such  moneys  shall  be  paid  out 
by  the  supervisor  on  the  written  order  of  the  town  superintendent 
in  accordance  with  such  written  agreement. 

By  an  opinion  of  the  Attorney-General  under  date  of  April  16,  1909,  it 
was  held  that  “ The  services  of  snow  shovelers  and  road  workers  come 
under  the  provision  of  section  105  of  the  new  Highway  Law,  and  claims  for 
such  work  are  to  be  paid  by  the  supervisor  upon  the  written  order  of  the 
commissioner  of  highways  (superintendent  after  Nov.  1st,  1909)  and 
do  not  require  to  be  audited  by  the  town  board,  before  payment.” 

§ 106.  Expenditures  for  bridges  and  other  highway  purposes. — 

The  moneys  levied  and  collected,  or  raised  by  the  issue  and 
sale  of  bonds  or  certificates  of  indebtedness  in  anticipation  of 
taxes,  as  provided  in  this  article,  for  purposes  other  than  the 
repair  or  improvement  of  highways,  as  specified  in  the  pre- 
ceding section,  shall  be  paid  out  by  the  supervisor  upon  the 
written  order  of  the  town  superintendent  after  audit  of  the 
town  board.  Such  audit  shall  be  made  on  verified  accounts 
presented  to  the  town  board  at  a regular  or  special  meeting  called 
for  such  purpose  by  the  supervisor,  or  in  his  absence,  by  the 
town  clerk,  upon  the  request  of  the  town  superintendent.  An 
account  shall  not  be  so  audited  or  paid  unless  the  expenditure 
be  in  accordance  with  the  annual  estimate  of  the  town  super- 
intendent, as  approved  or  modified  by  the  town  board,  or  be 
authorized  by  the  town  board  or  by  a vote  of  a town  meeting,  as 
provided  in  this  article,  or  be  lawfully  a charge  upon  the  town. 
Except  as  herein  otherwise  provided  the  provisions  of  the  town 
law  relating  to  the  audit  of  town  accounts  and  claims  shall  apply 
to  accounts  and  claims  against  the  town  arising  under  this  chapter. 

§ 107.  Reports  of  supervisor  as  to  highway  moneys. — The  su- 
pervisor shall  present  to  the  town  board  at  its  meeting  held  in 
each  year,  for  considering  the  estimates  contained  in  the  state- 
ment of  the  town  superintendent,  as  provided  in  section  ninety- 
one,  a verified  report  showing: 

1.  The  moneys  received  from  the  state,  as  provided  in  section 
one  hundred  and  one  during  the  year  ending  October  thirty-first. 

2.  The  moneys  received  by  him  during  such  year  on  account 


197 


of  taxes  levied  and  collected  and  from  the  issue  and  sale  of  bonds 
and  certificates  of  indebtedness  in  anticipation  of  taxes,  for  high- 
ways, bridges,  purchase  and  repair  of  machinery,  tools  and  imple- 
ments, the  removal  of  obstructions  caused  by  snow  and  for  mis- 
cellaneous purposes. 

3.  The  moneys  received  by  him  during  such  year  as  penalties 
recovered  pursuant  to  this  chapter,  or  from  any  other  source  and 
available  for  highway  purposes  in  his  town. 

4.  The  expenditures  during  such  year  for  the  improvement, 
repair  and  maintenance  of  highways,  for  the  maintenance  and 
repair  of  bridges,  for  the  construction  of  new  bridges,  for  damages 
and  charges  in  laying  out,  altering  and  discontinuing  highways, 
for  the  removal  of  obstructions  caused  by  snow,  for  the  purchase 
of  machinery,  tools  and  implements,  for  the  rental  or  hire  of 
stone  crushers,  steam  rollers  and  traction  engines,  for  town  super- 
intendents’ salary  or  compensation  and  audited  expenses,  for 
allowances  as  fees  on  account  of  receiving  and  disbursing  highway 
moneys,  or  for  other  highway  purposes. 

5.  All  machinery,  tools  and  implements  owned  in  whole  or  in 
part  by  the  town,  the  present  value  of  each  article  thereof,  and 
the  estimated  cost  of  all  necessary  repairs  thereto,  as  shown  by 
the  annual  inventory  of  the  town  superintendent. 

The  form  of  such  report  shall  be  prescribed  by  the  commission. 
Such  report  shall  be  filed  in  the  office  of  the  town  clerk  within 
three  days  after  the  presentation  thereof  and  shall  be  open  to 
public  inspection  during  the  office  hours  of  such  town  clerk  and  a 
duplicate  shall  at  the  same  time  be  mailed  to  the  commission.  A 
certified  copy  of  such  report  shall  also  be  filed  by  the  supervisor 
with  the  clerk  of  the  board  of  supervisors,  who  shall  cause  the 
same  to  be  printed  in  the  next  issue  of  the  annual  proceedings  of 
the  board  of  supervisors.  The  town  board  shall  cause  a certified 
copy  of  the  report  to  be  published  in  a newspaper  published  in 
the  town,  or  if  there  be  none  published  therein,  then  in  a news- 
paper published  within  the  county  and  having  the  greatest  circu- 
lation within  the  town.  The  expense  of  such  publication,  which 
shall  not  exceed  ten  dollars,  shall  be  a town  charge.  The  clerk 
of  the  board  of  supervisors  shall  transmit  three  copies  of  the 
journal  of  the  proceedings  of  the  board  containing  such  report  to 
the  commission  and  three  copies  to  the  comptroller. 

The  report  is  to  be  presented  at  the  meeting  of  the  town  board  held  on 
the  Thursday  succeeding  general  election  day  in  each  year.  This  is  the 


198 


annual  audit  meeting  of  the  board  in  most  towns.  It  is  at  this  meeting  that 
the  estimate  of  the  town  superintendent  is  presented  and  considered.  The 
result  is  that  the  town  board  at  the  time  that  it  revises  the  town  super- 
intendent’s estimate  for  the  succeeding  year  has  before  it  the  report  of  the 
supervisor  as  to  the  expenditures  of  town  moneys  for  highway  purposes  in 
the  preceding  year. 

§ 108.  Highway  accounts,  forms  and  blanks. — The  commission 
shall  prescribe  the  method  of  keeping  town  accounts  of  moneys 
received  and  expended,  as  provided  in  this  article,  for  highways, 
bridges,  purchase,  leasing,  rental  or  hire  and  repair  of  machinery, 
tools  and  implements,  the  removal  of  obstructions  caused  by  snow, 
and  miscellaneous  purposes,  which  shall  be  uniform,  so  far  as 
practicable,  throughout  the  state.  Such  commission  may  adopt 
forms  and  blanks  for  keeping  such  accounts.  The  commission 
shall  also  prescribe  the  form  of  order  to  be  made  by  the  town 
superintendent,  upon  the  supervisor,  and  the  form  of  the  agree- 
ment to  be  entered  into  by  the  town  board  and  town  superin- 
tendent as  provided  in  section  one  hundred  and  five.  The  town 
superintendent  and  supervisor  shall  keep  their  accounts  in  the 
method,  and  shall  use  the  blanks  and  forms,  prescribed  by  the 
commission.  All  orders  and  records  of  accounts  shall  be  filed  in 
the  town  clerk’s  office  and  preserved  as  a part  of  the  town  records. 

§ 109.  Duty  of  town  clerk. — It  shall  be  the  duty  of  the  town 
clerk,  annually,  between  the  fifteenth  day  of  November,  and  the 
fifteenth  day  of  December,  to  transmit  to  the  commission  a list 
containing  the  names  of  each  supervisor,  town  superintendent, 
justice  of  the  peace,  town  clerk,  assessor  and  collector,  showing 
his  post  office  address,  the  date  of  his  appointment  or  election  and 
the  expiration  of  his  term  of  office. 

§ 110.  Compensation  of  supervisor  and  town  clerk.— The  super- 
visor and  town  clerk  of  each  town  shall  receive  annually,  as  com- 
pensation for  services  under  this  chapter  in  lieu  of  all  other 
compensation  and  fees,  an  amount  to  be  fixed  by  the  town  board. 
Such  compensation  shall  be  a town  charge. 

§ 111.  Additional  expenditure  for  improvement,  repair  and  main- 
tenance of  town  highways. — Upon  the  written  application  of 
twenty-five  taxpayers  of  a town,  filed  with  the  town  clerk,  the 
electors  thereof  may,  at  a regular  or  special  town  meeting,  vote 
by  ballot  upon  a proposition  for  the  expenditure  of  a sum,  not 
exceeding  one-third  of  one  per  centum  of  the  total  taxable  prop- 
erty of  the  town,  including  incorporated  villages,  in  addition  to 
the  sum  authorized  by  this  chapter  for  the  improvement,  repair 


199 


and  maintenance  of  town  highways  in  such  town.  Such  propo- 
sition shall  be  submitted  in  the  manner  provided  by  law  for  the 
submission  of  questions  or  propositions  at  a town  meeting.  If 
such  proposition  be  adopted,  the  amount  specified  therein  shall  be 
a town  charge  and  shall  be  levied  and  collected  in  the  same  man- 
ner as  other  town  moneys,  and  when  collected  shall  be  paid  to  the 
supervisor  and  expended  for  the  purposes  specified  in  such  propo- 
sition as  provided  in  this  chapter. 

The  object  of  this  section  is  to  authorize  the  raising  of  a special  amount 
for  the  repair,  improvement  and  maintenance  of  town  highways.  It  permits 
of  a submission  to  the  vote  of  a town  meeting  of  the  question  as  to  the 
amount  which  shall  be  expended  each  year  upon  the  town  highways,  when- 
ever it  is  thought  desirable  to  make  more  extensive  improvements  than  the 
town  board  and  town  superintendent  have  decided  upon.  This  section  per- 
mits a town  meeting  to  control  the  amount  to  be  expended  where  it  seems 
that  the  town  board  has  been  too  conservative  in  its  estimates. 

ARTICLE  VI. 

State  and  County  Highways. 

Section  120.  Highways  to  be  constructed  or  improved  by  the  state. 

121.  Construction  or  improvement  of  state  highways. 

122.  Construction  or  improvement  of  county  highways. 

123.  Preliminary  resolution  of  board  of  supervisors. 

124.  Examination  of  county  highway;  approval  or  disapproval  of 

commission. 

125.  Maps,  plans,  specifications  and  estimates. 

126.  Submission  of  maps,  plans  and  specifications  to  district  or  county 

superintendent. 

127.  Action  of  commission  in  respect  to  maps,  plans,  specifications  and 

estimates. 

128.  Final  resolution  of  board  of  supervisors. 

129.  Order  of  construction  of  county  highways. 

130.  Contracts  for  construction  or  improvement  of  highways. 

131.  Award  of  contracts  to  board  of  supervisors  or  town  board. 

132.  Suspension  of  work  under  contract,  completion  by  commission. 

133.  Acceptance  of  state  highway  when  completed. 

134.  Acceptance  of  county  highway. 

135.  Entry  upon  adjacent  lands  for  drainage  purposes. 

136.  Damages  for  entry. 

137.  State  and  county  highways  in  villages. 

138.  Connecting  highways  in  villages. 

139.  Resolution  to  provide  for  raising  money. 

140.  Modifying  method  of  payment. 

141.  Division  of  cost  of  county  highways;  payments  by  county 

treasurer. 

142.  County  or  town  may  borrow  money. 


Section  143. 

144. 

145. 

146. 

147. 

148. 

149. 

150. 

151. 

152. 

153. 

154. 

155. 

156. 

157. 


Payments  from  state  treasury. 

Payment  of  cost  of  state  highway. 

Abolition  of  railroad  grade  crossings. 

Street  surface  railroads  on  highways. 

Where  cost  is  assessable  against  abutting  owners. 
Acquisition  of  lands  for  right  of  way  and  other  purposes. 
Purchase  of  lands. 

Petition  to  acquire  lands. 

Commissioners  to  be  appointed. 

Duties  of  commissioners. 

County  treasurer  to  pay  award. 

Costs;  commissioners’  fees. 

Lands  may  be  sold  or  leased;  disposition  of  proceeds. 
Provisions  of  labor  law  not  applicable. 

Highways  and  bridges  on  Indian  reservations. 


§ 120.  Highways  to  be  constructed  or  improved  by  the  state. — 

The  highways  which  have  been  heretofore  constructed  or  improved 
under  the  provisions  of  chapter  one  hundred  and  fifteen  of  the  laws 
of  eighteen  hundred  and  ninety-eight,  and  the  acts  amendatory 
thereof,  which  are  included  in  the  routes  hereinafter  described, 
together  with  such  other  highways  as  are  constructed  or  improved 
by  the  commission  in  accordance  with  the  routes  set  forth  and 
described  in  this  section,  shall  be  state  highways  and  shall  be  con- 
structed or  improved  at  the  sole  expense  of  the  state  as  provided 
in  this  article.  Such  routes  are  hereby  set  forth  and  described  as 
follows : 

Route  1.  Commencing  at  a point  on  the  dividing  line  between 
Westchester  county  and  New  York,  and  running  thence  northerly 
through  Mount  Vernon  to  Eastchester  road,  thence  northerly 
along  Eastchester  road,  thence  westerly  in  Eastchester  to  Post 
road,  thence  northerly  along  Post  road  to  White  Plains,  thence 
southeasterly  along  Westchester  avenue  to  Purchase  street,  thence 
northerly  by  Purchase  street,  by  Rye  lake  and  King  street  to  state 
road,  thence  northerly  by  same  to  Armonk,  thence  easterly  and 
northeasterly  through  the  town  of  North  Castle  to  Bedford  vil- 
lage, thence  northerly  to  Katonah,  thence  along  the  east  side  of 
the  Croton  river  by  Golden’s  bridge  and  Purdy’s  station  to  a point 
on  the  dividing  line  between  Putnam  and  Westchester  counties  at 
or  near  Croton  Falls,  running  thence  northerly  through  the  east- 
ern portion  of  Putnam  county  by  the  way  of  Brewster,  to  a point 
on  the  dividing  line  between  Dutchess  and  Putnam  counties  at  or 
near  Patterson,  running  thence  northerly  by  the  wrav  of  Pawling, 
Wingdale,  Dover  Plains,  Amenia,  to  a point  to  he  determined  by 


201 


the  commission,  on  the  dividing  line  between  Columbia  and 
Dutchess  county,  running  thence  northerly  in  Columbia  county 
by  the  way  of  Copake  to  Chatham,  thence  northwesterly  to  a point 
at  or  near  Valatie,  running  thence  northerly  to  a point  to  be  de- 
termined by  the  commission,  on  the  dividing  line  between  Rensse- 
laer and  Columbia  counties,  running  thence  northerly  and  north- 
westerly through  the  southwestern  portion  of  Rensselaer  county 
to  a point  to  be  determined  by  the  commission  on  the  Hudson  river 
opposite  or  nearly  opposite  the  city  of  Albany. 

Route  2.  Commencing  at  Jerome  avenue  on  the  dividing  line 
between  Westchester  county  and  Hew  York  city  and  running 
thence  northerly  along  Jerome  avenue  and  Central  Park  avenue 
to  Hartsdale,  thence  along  the  Sprain  road  and  Landers  road  to 
Fair  Grounds,  thence  northerly  to  cross  road  between  Greenburgh, 
and  Mount  Pleasant,  thence  westerly  along  the  same  to  the  Saw 
Mill  River  road  and  the  Tarrytown  Lake  road  to  Bedford  road, 
thence  along  the  Sleepy  Hollow  road  northerly  and  westerly  to  the 
Albany  post  road,  thence  northerly  along  Albany  post  road  through 
Briar  Cliff,  Ossining  and  Croton  Landing,  thence  along  Old  York- 
town  road  to  Cornell  Dam,  thence  along  westerly  side  of  Croton 
lake  to  Dixie  Hill,  thence  northerly  along  Croton  avenue  to  Crom- 
pound  road,  thence  westerly  along  Crompound  road  through 
Peekskill  to  Albany  post  road,  thence  northerly  from  Peeks- 
kill,  to  a point  to  be  determined  by  the  commission,  on 
the  dividing  line  between  the  towns  of  Phillipsburg,  Put- 
nam county,  and  Cortlandt,  Westchester  county,  running  thence 
northerly  through  the  western  portion  of  Putnam  county  to 
a point  to  be  determined  by  the  commission,  on  the  dividing 
line  between  Dutchess  and  Putnam  counties,  running  thence 
northerly  by  the  way  of  the  city  of  Poughkeepsie  and  Rkine- 
beck,  to  a point  to  be  determined  by  the  commission,  on  the 
dividing  line  between  Columbia  and  Dutchess  counties,  running 
thence  northerly,  through  Blue  Store  and  Johnstown  to  Bell’s 
Pond,  and  thence  northerly  along  the  Ancram  turnpike  and  Horth 
avenue,  to  the  city  of  Hudson,  running  thence  northeasterly  from 
the  city  of  Hudson  to  a point  at  or  near  Valatie,  connecting  with 
route  number  one,  as  above  described. 

Amended  by  L.  1910,  ch.  648. 

Route  3.  Commencing  at  a point  to  be  determined  by  the  com- 
mission, on  the  dividing  line  between  the  town  of  Orangetown, 
Rockland  county,  and  the  state  of  Hew  Jersey,  running  thence 


202 


northerly  through  the  eastern  portion  of  Rockland  county  by  the 
way  of  points  at  or  near  Nyack  and  Haverstraw,  to  a point 
to  be  determined  by  the  commission,  on  the  dividing  line  between 
Orange  and  Rockland  counties,  running  thence  northerly  through 
the  eastern  portion  of  Orange  county  to  the  city  of  Newburgh, 
thence  northerly  from  the  city  of  Newburgh  to  a point  to  be 
determined  by  the  commission,  on  the  dividing  line  between 
Ulster  and  Orange  counties,  running  thence  northerly  through 
the  eastern  portion  of  Ulster  county  to  the  city  of  Kingston,  run- 
ning thence  northerly  from  the  city  of  Kingston  to  a point  to 
be  determined  by  the  commission,  on  the  dividing  line  between 
Greene  and  Ulster  counties  running  thence  northerly  through  the 
eastern  portion  of  Greene  county  to  points  at  or  near  Catskill, 
Athens  and  Coxsackie,  to  a point  to  be  determined  by  the  com- 
mission, on  the  dividing  line  between  Albany  and  Greene  counties, 
running  thence  northerly  to  the  city  of  Albany. 

Route  4.  Commencing  a,t  a point  to  be  determined  by  the  com- 
mission on  route  number  three,  running  thence  through  Orange 
county  by  the  way  of  Middletown  to  a.  point  to  be  determined  by 
the  commission,  on  the  dividing  line  between  Sullivan  and  Orange 
counties,  running  thence  westerly  and  northerly  through  Sullivan 
county  by  the  way  of  Monticello  to  a point  to  be  determined 
by  the  commission,  on  the  dividing  line  between  Delaware  and 
Sullivan  counties,  thence  to  Deposit,  on  the  dividing  line  between 
Broome  and  Delaware  counties,  running  thence  westerly  by  the 
way  of  Windsor  to  the  city  of  Binghamton,  running  thence  west- 
erly from  the  city  of  Binghamton  by  the  way  of  Lestershire  and 
Endicott,  to  a point  to  be  determined  by  the  commission,  on  the 
dividing  line  between  Tioga  and  Broome  counties,  running  thence 
westerly  through  the  southern  portion  of  Tioga  county,  to  a point 
to  be  determined  by  the  commission,  on  the  dividing  line  between 
Chemung  and  Tioga  counties,  running  thence  westerly  and  north- 
westerly through  the  southern  portion  of  Chemung  county,  to  the 
city  of  Elmira,  running  thence  northerly  from  the  city  of  Elmira 
to  a point  at  or  near  Horseheads,  running  thence  westerly  to  a 
point  to  be  determined  by  the  commission  on  the  dividing  line 
between  Steuben  and  Chemung  counties,  running  thence  westerly 
and  northwesterly  by  the  wav  of  Coming,  Addison,  and  Canisteo, 
to  the  city  of  Homell,  running  thence  northwesterly  and  south- 
westerly from  the  city  of  Homell  to  a point  at  or  near  Almond 
on  the  dividing  line  between  Allegany  and  Steuben  counties,  run- 


203 


ning  thence  southwesterly  to  Wellsville,  running  thence  north- 
westerly  and  westerly’  by  the  way  of  Belmont,  Belvidere  and 
Friendship  and  Cuba,  to  a point  to  be  determined  by  the  com- 
mission on  the  dividing  line  between  Cattaraugus  and  Allegany 
counties,  running  thence  southwesterly  to  the  city  of  Olean,  run- 
ning thence  westerly  and  northwesterly  from  the  city  of  Olean  by 
the  way  of  Salamanca,  to  a point  to  be  determined  by  the  com- 
mission, on  the  dividing  line  between  Chautauqua  and  Catta- 
raugus counties,  running  thence  westerly  to  the  city  of  James- 
town, thence  northwesterly  by  the  way  of  Mayville,  to  Westfield. 

Route  5.  Commencing  at  the  city  of  Kingston,  running  thence 
to  a point  on  the  boulevard  to  be  erected  by  the  city  of  Kew  York 
near  the  present  village  of  West  Hurley,  thence  northerly  and 
westerly  by  the  wray  of  Woodstock,  Bearsville  and  Pine  Hill, 
to  a point  to  be  determined  by  the  commission,  on  the  dividing 
line  between  Delaware  and  Ulster  counties,  running  thence  west- 
erly to  Margaretville,  running  thence  northerly  by  the  way  of 
Roxbury  to  Grand  Gorge,  running  thence  northwesterly  to  a point 
to  be  determined  by  the  commission,  on  the  dividing  line  between 
Schoharie  and  Delaware  counties,  running  thence  northwesterly 
and  westerly  to  a point  to  be  determined  by  the  commission,  on 
the  dividing  line  between  Delaware  and  Schoharie  counties,  run- 
ning thence  northwesterly  and  westerly  by  the  way  of  Harpers- 
field,  Uorth  Kortright  and  Davenport,  to  a point  to  be  determined 
by  the  commission,  on  the  dividing  line  between  Otsego  and 
Delaware  counties,  running  thence  to  Oneonta,  Otsego  county,  run- 
ning thence  northeasterly  along  route  number  seven  to  Colliers ; 
running  thence  northerly  in  Otsego  county  by  the  way  of  Coopers- 
town  and  Richfield  Springs  to  a point  to  be  determined  by  the 
commission,  on  the  dividing  line  between  Herkimer  and  Otsego 
counties ; running  thence  northerly  to  Mohawk  connecting  with 
route  number  six. 

Amended  by  L.  1910,  ch.  573. 

Route  6.  Commencing  at  a point  to  be  determined  by  the  com- 
mission at  the  city  of  Albany,  running  thence  northwesterly  to 
a point  to  be  determined  by  the  commission,  on  the  dividing 
line  between  Schenectady  and  Albany  counties,  running  thence 
northwesterly  to  the  city  of  Schenectady,  running  thence  north- 
westerly from  the  city  of  Schenectady  to  a point  to  be  determined 
by  the  commission,  on  the  dividing  line  between  Montgomery 
and  Schenectady  counties,  running  thence  westerly  and  north- 


204 


westerly  through  Montgomery  county  by  the  way  of  Fonda  and 
St.  Johnsville,  to  a point  at  or  near  East  Creek,  on  the  divid- 
ing line  between  Herkimer  and  Montgomery  counties,  running 
thence  westerly  and  northwesterly  by  the  way  of  Little  Falls 
and  Herkimer,  from  Herkimer  westerly  by  the  way  of  Mohawk. 
Ilion  and  Frankfort  to  a point  to  he  determined  by  the  commis- 
sion, on  the  dividing  line  between  Herkimer  and  Oneida  counties, 
and  thence  to  the  city  of  Utica,  running  thence  westerly  from 
the  city  of  Utica  to  Oneida,  on  the  dividing  line  between 
Madison  and  Oneida  counties,  running  thence  westerly  by  the 
way  of  Chittenango,  to  a point  to  be  determined  by  the  com- 
mission on  the  dividing  line  between  Onondaga  and  Madison  coun- 
ties, running  thence  westerly  by  way  of  Fayetteville,  to  the 
city  of  Syracuse,  running  thence  from  the  city  of  Syracuse  by 
the  way  of  Camillus  and  Ethridge,  to  a point  to  be  determined  by 
the  commission,  on  the  dividing  line  between  Cayuga  and  Onon- 
daga counties,  running  thence  southwesterly  to  the  city  of  Auburn, 
running  thence  from  the  city  of  Auburn  to  a point  to  be  deter- 
mined by  the  commission  on  the  dividing  line  between  Seneca  and 
Cayuga  counties,  running  thence  westerly  to  Seneca  Falls,  thence 
southerly  through  the  village  of  Seneca  Falls  to  the  south  side  of 
Seneca  lake  outlet,  thence  westerly  on  the  south  side  of  Seneca 
lake  outlet  to  a point  at  the  foot  of  Seneca  lake,  running  thence 
westerly  to  a point  to  be  determined  by  the  commission  on  the 
dividing  line  between  Ontario  and  Seneca  counties,  running  thence 
westerly  to  Geneva,  running  thence  westerly  from  Geneva  to  Can- 
andaigua, running  thence  westerly  to  a point  to  be  determined  by 
the  commission,  on  the  dividing  line  between  Livingston  and  On- 
tario counties,  running  thence  westerly  by  the  way  of  Avon  and 
Caledonia,  to  a point  to  be  determined  by  the  commission,  on  the 
dividing  line  between  Genesee  and  Livingston  counties,  running 
thence  westerly  by  way  of  Batavia,  to  a point  to  be  determined 
by  the  commission,  on  the  dividing  line  between  Erie  and  Genesee 
counties,  running  thence  westerly  to  the  city  of  Buffalo,  Erie 
county. 

Amended  by  L.  1910,  ch.  573. 

Boute  7.  Commencing  at  a point  to  be  determined  by  the 
commission  on  the  dividing  line  between  the  town  of  Bing- 
hamton in  Broome  county  and  Pennsylvania,  running  thence 
northerly  to  the  city  of  Binghamton ; running  thence  north- 
erly and  northeasterly  from  the  city  of  Binghamton  on  the 


205 


east  side  of  the  Chenango  river,  by  the  way  of  Port  Crane, 
Sanitaria  Springs  and  Harpursville,  to  Nineveh,  on  the  divid- 
ing line  between  Chenango  and  Broome  counties,  running  thence 
northeasterly  along  the  Susquehanna  valley,  to  a point  at  or 
near  Sidney,  on  the  dividing  line  between  Chenango  and  Dela- 
ware counties,  running  thence  northeasterly  by  the  way  of 
Sidney  to  a point  to  be  determined  by  the  commission,  on  the 
dividing  line  between  Otsego  and  Delaware  counties,  running 
thence  northeasterly  along  the  Susquehanna  valley  to  Oneonta, 
running  thence  northeasterly  from  Oneonta  by  the  way  of  Mary- 
land and  Worcester,  to  a point  to  be  determined  by  the  commis- 
sion, on  the  dividing  line  between  Schoharie  and  Otsego  counties, 
running  thence  easterly  by  the  way  of  Cobleskill  to  a point  to  be 
determined  by  the  commission,  on  the  dividing  line  between 
Albany  and  Schoharie  counties  at  or  near  West  Berne,  running 
thence  easterly  to  the  city  of  Albany. 

Route  8.  Commencing  at  the  city  of  Binghamton,  running 
thence  northerly  on  the  west  side  of  the  Chenango  river  to  Chen- 
ango Forks,  on  the  dividing  line  between  Chenango  and  Broome 
counties,  running  thence  along  the  west  bank  of  the  Chenango 
river  to  North  Norwich,  running  thence  northerly  by  the  way 
of  Sherburne  to  Earlville,  on  the  dividing  line  between  Madison 
and  Chenango  counties,  running  thence  northerly  by  the  way  of 
Hamilton  and  Bouckville,  to  a point  at  or  near  Oriskany  Falls, 
on  the  dividing  line  between  Oneida  and  Madison  counties,  run- 
ning thence  northeasterly  by  the  way  of  Deansboro  to  a point  to 
be  determined  by  the  commission  connecting  with  route  num- 
ber six. 

Route  9.  Commencing  at  a point  to  be  determined  by  the  com- 
mission, at  or  near  Horseheads,  Chemung  county,  New  York,  on 
route  number  four,  running  thence  northerly  and  northeasterly 
by  the  way  of  Horseheads,  Breesport  and  Erin  to  a point  to  be 
determined  by  the  commission  on  the  dividing  line  between  Tioga 
and  Chemung  counties,  running  thence  easterly  and-  northeasterly 
by  the  way  of  North  Spencer  to  a point  to  be  determined  by  the 
commission  on  the  dividing  line  between  Tompkins  and  Tioga 
counties,  running  thence  northerly  to  the  city  of  Ithaca,  running 
thence  northeasterly  by  the  way  of  a point  to  be  determined  by 
the  commission  at  or  near  Dryden  to  a point  to  be  determined 
by  the  commission  on  the  dividing  line  between  Cortland  and 
Tompkins  counties,  running  thence  northeasterly  to  Cortland, 
thence  northeasterly  by  the  way  of  Truxton  to  a point  to  be  do- 


206 


termined  by  the  commission  on  the  dividing  line  between  Madi- 
son and  Cortland  counties  at  or  near  De  Ruyter,  thence  northerly 
to  Cazenovia,  thence  easterly  by  the  way  of  Morrisville  to  a point 
at  or  near  Bouckville  on  route  number  eight.  y 

Route  10.  Beginning  at  the  city  of  Syracuse,  running  thence 
southerly  to  a point  to  be  determined  by  the  commission  on  the 
dividing  line  between  Cortland  and  Onondaga  counties,  running 
thence  southerly  by  the  way  of  Homer  to  Cortland,  thence  south- 
easterly by  the  way  of  McGrawville,  Solon  and  Willet  to  a point 
to  be  determined  by  the  commission  on  the  dividing  line  between 
Chenango  and  Cortland  counties,  thence  southeasterly  by  the  way 
of  Smithville  Flats  to  Greene,  thence  easterly  by  the  way  of 
Coventry  to  Coventryville,  thence  southeasterly  to  Afton,  connect- 
ing with  route  number  seven.  > 

Route  11.  Commencing  at  the  city  of  Ithaca,  running  thence 
northerly  to  a point  to  be  determined  by  the  commission,  on  the 
dividing  line  between  Cayuga  and  Tompkins  counties,  running 
thence  northerly  to  the  city  of  Auburn. 

Route  12.  Commencing  at  a point  at  or  near  llorseheads,  at  a 
point  to  be  determined  by  the  commission,  running  thence  north- 
erly to  a point  to  be  determined  by  the  commission,  on  the  divid- 
ing line  between  Schuyler  and  Chemung  counties,  running  thence 
northerly  by  the  way  of  Watkins,  to  a point  to  be  determined 
by  the  commission,  on  the  dividing  line  between  Yates  and  Schuy- 
ler counties,  running  thence  northwesterly  by  the  way  of  Dundee, 
to  the  village  of  Penn  Yan,  running  thence  northerly  to  a point- 
on  the  dividing  line  between  Ontario  and  Yates  counties,  run- 
ning thence  northerly  to  the  city  of  Geneva,  running  thence 
northerly  from  the  city  of  Geneva,  to  a point  to  be  determined 
by  the  commission,  on  the  dividing  line  betwTeem  Wayne  and 
Ontario  counties,  running  thence  northerly  to  Lyons,  connecting 
with  route  number  twenty. 

Route  13.  Commencing  at  Bath,  Steuben  county,  running 
thence  northeasterly  by  the  way  of  Ilammondsport  to  a point 
to  be  determined  by  the  commission  on  the  dividing  line  between 
Schuyler  and  Steuben  counties,  thence  northeasterly  to  a point 
to  be  determined  by  the  commission  on  the  dividing  line  between 
Yates  and  Schuyler  counties,  thence  northeasterly  to  Dundee  on 
route  number  twelve. 

Route  14.  Commencing  at  Corning,  Steuben  county,  running 
thence  northwesterly  by  the  way  of  Bath,  Avoca  to  Cohocton, 


207 


running  thence  northerly  from  Cohocton,  to  a point  to  be 
determined  by  the  commission  on  the  dividing  line  between 
Ontario  and  Steuben  counties,  running  thence  northeasterly  to 
Naples,  running  thence  northerly  from  Naples  to  a point  to  be 
determined  by  the  commission,  connecting  with  route  number  six, 
running  thence  along  route  number  six,  to  Black’s  Corners,  and 
from  thence  to  Holcomb ; running  thence  northwesterly  to  a point 
to  be  determined  by  the  commission  on  the  dividing  line  between 
Monroe  and  Ontario  counties,  thence  northerly  to  Pittsford, 
thence  westerly,  then  northerly  to  the  city  of  Rochester. 

Amended  by  L.  1910,  ch.  648. 

Route  15.  Commencing  at  Horn  ell,  Steuben  county,  running 
thence  northwesterly  to  a point  to  be  determined  by  the  com- 
mission, on  the  dividing  line  between  Allegany  and  Steuben 
counties,  running  thence  northerly  to  a point  to  be  determined 
by  the  commission,  on  the  dividing  line  between  Livingston  and 
Allegany  counties,  running  thence  northerly  by  the  way  of  Dans- 
ville  and  Mount  Morris,  thence  northwesterly  and  northerly  by 
the  way  of  Moscow  and  York  to  a point  on  route  number  six  at 
or  near  Caledonia. 

Route  16.  Commencing  at  the  village  of  Cuba,  Allegany  county, 
running  thence  northeasterly  by  the  way  of  Belfast  and  Caneadea, 
to  a point  to  be  determined  by  the  commission,  on  the  dividing 
line  between  Wyoming  and  Allegany  counties,  running  thence 
northerly  by  the  way  of  Pike,  Gainesville  and  Rock  Glen  to 
Warsaw,  running  thence  northerly  to  a point  to  be  determined 
by  the  commission,  on  the  dividing  line  between  Genesee  and 
Wyoming  counties,  running  thence  northerly  to  the  village  of 
Le  Roy,  running  thence  along  route  number  six  to  Caledonia,  run- 
ning thence  northerly  to  a point  to  be  determined  by  the  commis- 
sion on  the  dividing  line  between  Monroe  and  Livingston  counties, 
running  thence  northerly  by  the  way  of  Scottsville  to  the  city  of 
Rochester. 

Route  17.  Commencing  at  a point  to  be  determined  by  the 
commission  on  route  number  four  at  or  near  Hinsdale,  running 
thence  northerly  by  the  way  of  Franklinville  and  Machias  to  a 
point  to  be  determined  by  the  commission  near  the  dividing 
lines  of  Erie,  Wyoming  and  Cattaraugus  counties,  running  thence 
northwesterly  by  the  way  of  East  Aurora  to  the  city  of  Buffalo. 

Route  18.  Commencing  at  a point  to  be  determined  by  the 
commission,  on  the  dividing  line  between  Ripley,  Chautauqua 


208 


county,  and  the  state  of  Pennsylvania,  running  thence  north-  > 

easterly  by  the  way  of  Westfield,  Brocton,  Fredonia,  along  the  old 
Buffalo  and  Erie  road,  to  a point  to  he  determined  by  the  commis- 
sion, on  the  dividing  line  between  Erie  and  Chautauqua  counties, 
running  thence  northeasterly  and  northerly  to  the  city  of  Buffalo, 
running  thence  northerly  from  the  city  of  Buffalo  to  the  city 
of  Tonawanda,  running  thence  northwesterly  and  westerly  from 
North  Tonawanda  to  the  city  of  Niagara  Falls,  running  thence 
northerly  from  Niagara  Falls  by  the  way  of  Lewiston  to  a point 
near  the  mouth  of  the  Niagara  river,  Niagara  county. 

Route  19.  Commencing  at  the  city  of  Buffalo,  running  thence 
easterly  to  Manila,  thence  southerly  to  Wales  Center,  thence  east- 
erly to  a point  to  be  determined  by  the  commission  on  the  dividing 
line  between  Wyoming  and  Erie  counties,  running  thence  easterly 
to  Varysburg,  thence  northerly  by  the  way  of  Attica  to  a point 
to  be  determined  by  the  commission  on  the  dividing  line  between 
Genesee  and  Wyoming  counties,  running  thence  northeasterly  to 
Batavia,  Genesee  county,  connecting  with  route  number  six. 

Route  20.  Commencing  at  a point  on  route  number  six,  at  or 
near  Elbridge,  in  Onondaga  county,  running  thence  northerly  to 
Jordan  and  westerly  to  a point  to  be  determined  by  the  com- 
mission, on  the  dividing  line  between  Cayuga  and  Onondaga 
counties,  running  thence  northwesterly  and  southwesterly  by  the 
way  of  Port  Byron  and  Montezuma,  to  a point  to  be  determined 
by  the  commission,  at  or  near  the  dividing  lines  between  Wayne, 

Seneca  and  Cayuga  counties,  running  thence  northwesterly  and 
westerly  from  Savannah,  Clyde,  Lyons,  Palmyra,  and  Macedon  to 
a point  to  be  determined  by  the  commission,  on  the  dividing  line 
between  Monroe  and  Wayne  counties,  running  thence  northwest- 
erly to  the  city  of  Rochester,  Monroe  county. 

Route  21.  Commencing  at  a point  on  the  Hudson  river  at  or 
near  Albany  and  running  thence  easterly  to  a point  at  or  near 
Sand  Lake,  running  thence  southerly  to  a point  at  or  near  Nassau, 
in  Rensselaer  county,  running  thence  southeasterly  to  a point  to 
be  determined  by  the  commission,  on  the  dividing  line  between 
Columbia  and  Rensselaer  counties,  to  a point  to  be  determined  by 
the  commission,  on  the  dividing  line  between  Columbia  county  and 
the  state  of  Massachusetts. 

Route  22.  Commencing  at  a point  in  Rensselaer  county  at 
or  near  the  city  of  Troy,  running  thence  northeasterly  by  the 
way  of  Raymertown,  to  Potter  Hill,  running  thence  northerly 


209 


through  Hoosick  Falls,  to  a point  at  or  near  Eagle  Bridge,  on 
the  dividing  line  between  Washington  and  Rensselaer  counties, 
running  thence  northerly  by  the  way  of  Cambridge,  Salem  and 
Granville  by  the  way  of  Whitehall  and  the  shore  road  along  Lake 
Champlain  to  Putnam;  and  commencing  at  a point  on  route 
twenty-five  at  Riparius  in  Warren  county,  and  running  thence  to 
a point  to  be  determined  by  the  commission  on  the  dividing  line 
between  Essex  and  Warren  counties,  and  running  thence  northerly 
by  way  of  Schroon  Lake  village  to  Elizabethtown,  running  thence 
westerly  to  Keene,  thence  northerly  to  Ausable  Forks  and  a point 
on  the  dividing  line  between  Clinton  and  Essex  counties,  thence 
northeasterly  to  a point  at  or  near  Ausable  Chasm,  thence  north- 
erly by  the  way  of  Plattsburgh  and  Chazy  to  Rouses  Point. 

Route  23.  Commencing  on  the  Cherry  Valley  turnpike  at  the 
westerly  line  of  the  village  of  West  Winfield  near  the  intersec- 
tion of  the  three  counties,  Otsego,  Oneida  and  Herkimer,  running 
thence  westerly  to  the  village  of  Bridgewater,  running  thence 
northerly  to  the  city  of  Utica,  running  thence  northeasterly 
through  the  town  of  Deerfield  to  a point  to  be  determined  by  the 
commission  on  the  dividing  line  between  Herkimer  and  Oneida 
counties,  at  or  near  Poland,  there  intersecting  route  number 
twenty-six,  running  thence  northeasterly  through  Cold  Brook, 
Wilmurt  and  Uobleboro  to  the  Hamilton  county  line  there  joining 
the  county  highway  of  Hamilton  county  which  leads  through  More- 
houseville  to  Lake  Pleasant. 

Amended  by  L.  1910,  ch.  573. 

Route  24.  Commencing  at  a point  on  route  number  six  at 
Fonda,  Montgomery  county,  running  thence  northerly  to  a point 
to  be  determined  by  the  commission  on  the  dividing  line  between 
Fulton  and  Montgomery  counties,  running  thence  northerly  by  the 
way  of  Johnstown  and  Gloversville  to  Uorthville,  running  thence 
northerly  to  a point  to  be  determined  by  the  commission  on  the 
dividing  line  between  the  counties  of  Hamilton  and  Fulton,  run- 
ning thence  northerly  to  Lake  Pleasant. 

Route  25.  Commencing  at  Whitesboro  near  Utica  on  route 
number  twenty-eight  in  Oneida  county,  running  thence  northerly, 
by  the  way  of  Marcy,  Holland  Patent,  Remsen,  Alder  Creek  and 
White  Lake  Corners,  to  a point  to  be  determined  by  the  commis- 
sion, at  or  near  the  dividing  lines  between  Herkimer,  Lewis  and 
Oneida  counties,  running  thence  northeasterly  by  the  way  of 
Fulton  Chain,  and  on  or  near  the  highways  laid  out,  to  a point 
14 


210 


to  be  determined  by  tbe  commission,  on  the  dividing  line  between 
Hamilton  and  Herkimer  counties,  running  thence  easterly  by 
the  way  of  Raquette  Lake,  and  on  the  south  shore  of  Raquette 
Lake,  running  thence  northeasterly  to  Blue  Mountain  Lake,  run- 
ning thence  northerly  to  Long  Lake,  running  thence  easterly  to  a 
point  to  be  determined  by  the  commission,  on  the  dividing  line 
between  Essex  and  Hamilton  counties,  running  thence  easterly 
to  Newcomb,  running  thence  southeasterly  by  the  way  of  Minerva, 
to  a point  to  be  determined  by  the  commission,  on  the  dividing 
line  between  Warren  and  Essex  counties,  running  thence  by  the 
way  of  North  Creek,  Biparius  and  Warrensburg  to  Lake  George, 
running  thence  southerly  to  a point  to  be  determined  by  the  com- 
mission on  the  dividing  line  between  Saratoga  and  Warren  coun- 
ties at  or  near  Glens  Falls,  running  thence  southerly  by  the  way 
of  Saratoga  Springs  to  Ballston  Spa,  running  thence  southeast- 
erly to  a point  to  be  determined  by  the  commission  on  the  divid- 
ing line  between  Albany  and  Saratoga  counties,  running  thence 
southerly  to  a point  to  be  determined  by  the  commission  at  or 
near  the  city  of  Albany. 

Route  26.  Commencing  in  the  village  of  Mohawk  near  the  in- 
tersection of  routes  five  and  six,  thence  running  easterly  through 
Jacksonburg  to  Little  Falls,  thence  running  northwesterly  through 
Eatonsville,  Middleville,  Newport  and  Poland,  across  the  corner 
of  Oneida  county,  thence  in  Herkimer  county  to  a point  on  the 
dividing  line  between  Oneida  and  Herkimer  counties  near  Graves- 
ville,  thence  by  the  way  of  Trenton  Falls  to  join  route  number 
twenty-five  at  or  near  Trenton. 

Amended  by  L.  1910,  ch.  573. 

Route  27.  Commencing  at  a point  on  route  number  twenty-five, 
to  be  determined  by  the  commission  near  Alder  Creek,  running 
thence  northwesterly  by  the  way  of  Booneville,*  to  a point  on  the 
dividing  line  between  Lewis  and  Oneida  counties,  running  thence 
northerly  by  the  way  of  Lowville,  to  a point  at  or  near  Carthage, 
on  the  dividing  line  between  Jefferson  and  Lewis  counties,  running 
thence  northwesterly  and  westerly  to  the  city  of  Watertown,  run- 
ning thence  northwesterly  from  the  city  of  Watertown  to  Clayton, 
thence  northeasterly  to  Alexandria  Bay,  Jefferson  county. 

Route  28.  Commencing  at  the  city  of  Utica,  Oneida  county, 
running  thence  northwesterly  to  Rome,  running  thence  north- 
westerly from  Rome,  by  the  way  of  Camden,  to  a point  to  be 
determined  by  the  commission,  on  the  dividing  line  between 


# So  in  original; 


211 


Oswego  and  Oneida  counties,  running  thence  northwesterly  by 
the  way  of  Parish  to  Union  Square,  Oswego  county. 

Route  29.  Commencing  at  Rome,  running  thence  southwesterly 
to  Oneida,  being  a point  on  the  dividing  line  between  Madison 
and  Oneida  counties. 

Route  30.  Commencing  at  Rouses  Point,  in  Clinton  county, 
running  thence  westerly  through  the  northern  part  of  Clinton 
county,  to  a point  to  be  determined  by  the  commission,  on  the 
dividing  line  between  Pranklin  and  Clinton  counties,  running 
thence  westerly  by  the  way  of  Burke,  Malone  and  Moira,  to  a point 
to  be  determined  by  the  commission,  on  the  dividing  line  between 
Saint  Lawrence  and  Franklin  counties,  running  thence  westerly 
to  Lawrenceville,  running  thence  southerly  to  a point  at  or  near 
Nicholville,  running  thence  westerly  and  southwesterly  by  the 
way  of  Potsdam,  Canton  and  Gouverneur,  to  a point  to  be  deter- 
mined by  the  commission,  on  the  dividing  line  between  Jefferson 
and  Saint  Lawrence  counties,  running  thence  southwesterly  by 
the  way  of  Philadelphia  to  Watertown,  running  thence  southerly 
from  Watertown,  by  the  way  of  Adams  and  Pierrepont  Manor,  to 
a point  to  be  determined  by  the  commission,  on  the  dividing  line 
between  Oswego  and  Jefferson  counties,  running  thence  south- 
erly and  southwesterly  and  westerly  by  the  way  of  Pulaski  and 
Union  Square  to  Oswego,  running  thence  southerly  from  Oswego 
by  way  of  Hannibal  to  a point  to  be  determined  by  the  commis- 
sion, on  the  dividing  line  between  Cayuga  and  Oswego  counties, 
running  thence  southwesterly  through  the  northern  part  of  Cayuga 
county  to  a point  to  be  determined  by  the  commission,  on  the  di- 
viding line  between  Wayne  and  Cayuga  counties,  running  thence 
southwesterly  and  westerly  by  way  of  Red  Creek,  Wolcott,  Alton, 
Sodus,  Williamson  and  Ontario  to  a point  to  be  determined  by  the 
commission  on  the  dividing  line  between  Monroe  and  Wayne 
counties,  running  thence  southwesterly  to  the  city  of  Rochester, 
running  thence  westerly  from  the  city  of  Rochester  by  the  way  of 
Spencerport,  to  a point  to  be  determined  by  the  commission,  on 
the  dividing  line  between  Orleans  and  Monroe  counties,  running 
thence  westerly  to  points  at  or  near  Albion  and  Medina,  to  a 
point  to  be  determined  by  the  commission,  on  the  dividing  line 
between  Niagara  and  Orleans  counties,  running  thence  westerly 
to  a point  to  be  determined  by  the  commission,  connecting  with 
route  number  eighteen. 

Amended  by  L,  1910,  ch.  648. 


212 


30-a.  Commencing  at  the  point  mentioned  in  the  description 
of  route  twenty-seven  at  or  near  Carthage,  on  the  dividing  line 
between  Jefferson  and  Lewis  counties,  running  thence  northerly 
and  northwesterly  to  Antwerp  in  Jefferson  county,  terminating  at 
and  intersecting  route  thirty  at  or  near  Antwerp  aforesaid. 

Added  by  L.  1910,  ch.  650. 

Route  31.  Commencing  at  Malone,  Franklin  county,  running 
thence  southerly  by  the  way  of  a point  at  or  near  Duane  and 
Meacham  Lake  to  Saranac  Junction. 

Route  32.  Commencing  at  Lawrenceville  in  St.  Lawrence 
county,  running  thence  northerly  to  North  Lawrence,  running 
thence  westerly  to  Winthrop,  running  thence  northerly  to  Mas- 
sena,  running  thence  southwesterly  by  the  way  of  Waddington, 
thence  by  the  way  of  the  Sucker  Brook  and  Van  Rensselaer  roads 
to  Ogdensburg. 

Amended  by  L.  1910,  eh.  648. 

Route  33.  Commencing  at  Syracuse,  running  thence  northerly 
to  a point  to  be  determined  by  the  commission,  on  the  dividing 
line  between  Oswego  and  Onondaga  counties,  running  thence 
northerly  by  the  way  of  Central  Square  to  a point  at  or  near 
Colosse  on  route  number  twenty-eight. 

Route  34.  Commencing  at  the  city  of  Oswego  on  the  east  side 
of  the  river,  running  thence  by  the  way  of  Fulton  through  Phoenix 
to  a point  to  be  determined  by  the  commission  on  the  dividing 
line  between  Onondaga  and  Oswego  counties,  running  thence  by 
the  way  of  Liverpool  to  Syracuse. 

Route  35.  Commencing  at  a point  to  be  determined  by  the  com- 
mission on  the  dividing  line  between  Nassau  and  Queens  coun- 
ties, running  thence  easterly  through  the  northern  portion  of 
Nassau  county  to  a point  to  be  determined  by  the  commission  on 
the  dividing  line  between  Suffolk  and  Nassau  counties,  running 
thence  easterly  by  the  way  of  Jericho  turnpike  to  Smithtown 
branch,  Saint  James,  Port  Jefferson  and  Wading  River  to  River- 
head,  running  thence  southerly  to  West  Hampton,  running 
thence  westerly  by  the  way  of  south  country  road  to  Patchogue, 
Sayville,  Islip,  Bay  Shore  and  Babylon  to  Amityville,  running 
thence  westerly  to  a point  to  be  determined  by  the  commission  on 
the  dividing  line  between  Nassau  and  Suffolk  counties,  running 
thence  westerly  through  the  southern  portion  of  Nassau  county  to 
a point  to  be  determined  by  the  commission  on  the  dividing  line 
between  Queens  and  Nassau  counties. 


213 

Route  36.  Commencing  at  Owego  in  Tioga  county,  running 
thence  northerly  to  a point  to  he  determined  by  the  commission 
on  the  dividing  line  between  Tompkins  and  Tioga  counties,  run- 
ning thence  northwesterly  to  the  city  of  Ithaca,  running  thence 
northwesterly  from  the  city  of  Ithaca  to  Trumansburg,  at  or  near 
the  dividing  line  between  Seneca  and  Tompkins  counties,  running 
thence  northwesterly  and  northerly  by  the  way  of  Ovid  to  a point 
to  be  determined  by  the  commission  on  route  number  six. 

Route  37.  Commencing  at  a point  on  route  twentyjsix  at  Dolge- 
ville,  running  thence  easterly  along  the  old  state  road  by  way  of 
Oppenheim,  Lasellville,  Garoga  and  Rockwood  to  the  city  of 
Johnstown  in  Fulton  county,  running  thence  easterly  by  way  of 
West  Perth  to  Perth  Center,  thence  in  a northerly  direction  to 
Broadalbin  by  way  of  Vail  Mills,  thence  in  a southeasterly  direc- 
tion by  way  of  Honeywells  Corners  and  Jackson  Vlaie  farm  to 
Van  Vrankens  Corners,  thence  easterly  to  a point  to  he  determined 
by  the  commission  on  the  dividing  line  between  Saratoga  and  Ful- 
ton counties,  running  thence  easterly  by  the  way  of  Galway  to 
Saratoga  Springs  connecting  with  route  number  twenty-five. 

Amended  by  L.  1910,  ch.  648. 

Route  38.  Commencing  at  such  point  in  or  near  the  village  of 
Schoharie,  in  the  county  of  Schoharie,  in  the  line  of  route  number 
seven  as  the  commission  may  determine ; running  thence  southerly 
through  the  towns  of  Schoharie,  Middleburg,  Fulton,  Blenheim, 
Gilboa  and  Conesville  to,  and  intersecting  route  number  five,  at  a 
point  to  be  determined  by  the  commission. 

Added  by  L.  1909,  ch.  504. 

Route  39.  Commencing  at  a point  on  route  twenty-five  in  the 
county  of  Saratoga  at  or  near  Ballston  lake ; thence  southwesterly 
to  a point  to  be  determined  by  the  commission  on  the  dividing 
line  between  the  counties  of  Saratoga  and  Schenectady ; thence 
southwesterly  to  a point  at  or  near  the  city  of  Schenectady  con- 
necting with  route  six. 

Added  by  L.  1910,  ch.  649. 

§ 121.  Construction  or  improvement  of  state  highways. — The 
state  highways  shall  be  constructed  or  improved  by  the  commis- 
sion as  provided  in  this  article.  The  mileage  to  be  constructed 
from  the  amount  available  from  the  sale  of  bonds  issued  as  pro- 
vided by  chapter  four  hundred  and  sixty-nine  of  the  laws  of  nine- 
teen hundred  and  six,  as  amended  by  chapter  seven  hundred  and 


214 


eighteen  of  the  laws  of  -nineteen  hunclred  and  seven,  and  appro- 
priated for  the  construction  or  improvement  of  state  highways, 
shall  be  equitably  apportioned  by  the  commission  among  the  sev- 
eral counties  without  discrimination ; but  not  more  than  one-half 
of  the  amount  appropriated  each  year  from  the  proceeds  of  the 
sale  of  such  bonds  shall  be  expended  under  this  article  for  the 
construction  and  improvement  of  state  highways.  In  making  the 
apportionment  between  counties  the  commission  shall  take  into 
consideration  the  mileage  which  may  be  constructed  from  the 
amount  to  be  expended  under  this  article  in  each  county  for  the 
construction  or  improvement  of  county  highways,  together  with 
the  mileage  of  state  and  county  highways  theretofore  constructed 
out  of  moneys  derived  from  the  sale  of  bonds  issued  as  above 
provided. 

% 

Report  of  joint  legislative  committee  on  highways,  1908,  contains  the  fol- 
lowing statement  in  respect  to  this  section:  “Article  7,  sec.  12  of  the  Con- 
stitution, which  authorizes  the  creation  of  a debt  not  exceeding  fifty  million 
dollars  for  the  improvement  of  highways  provides  that  such  highways  shall 
be  determined  under  general  laws,  which  shall  also  provide  for  the  equitable 
apportionment  thereof  among  the  counties.  It  is  assumed  in  this  section 
that  the  Commission  in  apportioning  county  highways  among  the  counties 
will  take  into  consideration  those  highways  which  are  declared  by  this 
chapter  to  be  State  highways  to  be  improved  at  the  sole  expense  of  the 
State.  The  evident  purpose  of  the  Constitution  was  to  provide  for  an 
equitable  apportionment  of  the  highways  among  the  counties  whether  they 
be  constructed  or  improved  by  the  State,  or  jointly  by  the  State,  county  and 
town.  An  equitable  apportionment  of  the  highways  to  be  constructed  from 
the  proceeds  of  the  bonds  issued  under  the  constitutional  provision  must 
necessarily  include  both  State  and  county  highways.  The  Commission  in 
exercising  the  authority  conferred  upon  it  by  this  section  will  be  governed 
both  by  the  statute  and  the  Constitution.” 

By  an  opinion  of  the  Attorney -General  under  date  of  August  7,  1909,  it 
was  held  that  a county  cannot  acquire  title  for  new  rights  of  way  for  State 
or  county  highways  until  an  amendment  to  the  Constitution  allowing  such 
title  to  be  acquired  by  the  county  is  made.  The  opinion  says  in  part,  “ I 
do  not  think  the  passage  of  section  120  of  the  Highway  Law  changes  the 
situation  as  to  State  roads.  The  routes  therein  laid  out  can  be  followed,  and 
the  roads  improved  along  any  and  all  of  them  except  where  there  are  new 
routes,  or  deviate  from  old  established  ways  in  the  forest  preserve,  but  it 
is  too  well  settled  to  require  the  citation  of  any  authorities,  that  the 
Legislature  cannot  overrule  an  expressed  provision  of  the  Constitution,  and 
while  it  is  more  than  likely  that  it  was  not  originally  intended  to  prohibit 
the  laying  out  and  working  of  highways  through  the  forest  preserve,  still 
the  language  will  not  bear  any  other  interpretation,  and  I am,  therefore, 
of  the  opinion  that  neither  new  State  or  county  highways  can  be  cut  or 
worked  through  any  part  of  the  forest  preserve  until  some  change  has  been 
made  in  the  Constitution.” 


215 


§ 122.  Construction  or  improvement  of  county  highways. — The 

county  highways  to  be  constructed  or  improved  under  this  article 
at  the  joint  expense  of  the  state,  county  and  town,  shall  be  those 
highways  in  each  county  determined  by  the  commission  to  be  of 
sufficient  public  importance  to  come  within  the  purposes  of  this 
chapter,  so  as  to  constitute  a part  of  a properly  developed  system 
of  improved  market  roads  within  the  county,  taking  into  account 
the  use,  location  and  value  of  such  highways  for  the  purposes  of 
common  traffic  and  travel.  Such  county  highways  shall  be 
equitably  apportioned  by  the  commission  among  the  several  coun- 
ties without  discrimination.  In  making  such  apportionment  the 
commission  shall  take  into  consideration  the  total  mileage  of  state 
highways  which  shall  be  hereafter  constructed  or  improved  in 
each  county,  and  also  the  highways  therein  which  have  been  con- 
structed or  improved  prior  to  the  taking  effect  of  this  article  from 
funds  made  available  by  the  issue  and  sale  of  bonds  as  provided 
in  section  twelve  of  article  seven  of  the  constitution,  so  that  there 
shall  be  an  equitable  distribution  as  between  the  counties  of  all 
highways  built  in  whole  or  in  part  from  such  funds. 

§ 123.  Preliminary  resolution  of  board  of  supervisors. — The  board 
of  supervisors  of  any  county  may  pass  a resolution  stating  that 
public  interest  demands  the  improvement  of  a highway  or  sec- 
tion thereof  within  the  county,  and  requesting  that  it  be  con- 
structed or  improved  as  provided  in  this  article.  Such  resolu- 
tion shall  contain  a description  of  such  highway  or  section  thereof. 
Such  highway  or  section  thereof  shall  not  include  a portion  of 
a highway  within  a city,  except  that  portion  of  the  cities  of  Rome 
and  Oneida  lying  outside  of  the  respective  corporation  tax  dis- 
tricts of  said  cities,  nor  any  portion  of  a highway  within  an 
incorporated  village,  unless  it  be  necessary  to  complete  the  con- 
nection of  such  highway  with  a highway  already  improved  or 
to  be  improved  under  this  article.  The  clerk  of  the  board  of  su- 
pervisors shall,  within  ten  days  after  the  passage  of  such  a resolu- 
tion, transmit  a certified  copy  thereof  to  the  commission. 

Amended  by  L.  1909,  ch.  487. 

§ 124.  Examination  of  county  highway;  approval  or  disapproval 
by  commission — The  commission  after  receipt  of  such  resolution, 
and  at  such  times  as  it  deems  proper,  shall  examine  the  high- 
way or  section  thereof  sought  to  be  constructed  or  improved,  and 
shall  determine  whether  it  is  of  the  character  specified  in  section 
one  hundred  and  twenty-two,  and  whether  the  construction  or 


216 


improvement  thereof  will  provide  for  an  equitable  apportionment 
of  the  highways  among  the  several  counties  as  provided  in  such 
section.  After  such  examination  the  commission  shall  certify  its 
approval  or  disapproval  of  such  resolution  to  the  board  of  super- 
visors adopting  it;  if  it  disapprove  thereof  it  shall  certify  its 
reasons  therefor. 

§ 125.  Maps,  plans,  specifications  and  estimates. — Whenever  the 
commission  shall  have  determined  upon  the  construction  or  im- 
provement of  a state  highway,  or  section  thereof,  or  shall  have 
approved  a resolution  adopted  by  a board  of  supervisors  in  any 
county  requesting  the  construction  or  improvement  of  a county 
highway,  or  a section  thereof,  the  commission  shall  direct  the 
division  engineer  of  the  division  wherein  such  highway  or  sec- 
tion thereof  is  situated  to  make  surveys,  and  prepare  suitable 
preliminary  maps,  plans  and  specifications.  Such  division  engi- 
neer shall,  subject  to  the  direction  and  control  of  the  commission, 
have  the  following  powers  and  duties  in  respect  to  such  highways : 

1.  He  shall  cause  the  highway  or  section  thereof  designated 
by  the  commission,  or  described  in  such  resolution,  to  be  mapped 
both  in  outline  and  profile. 

2.  He  may  provide  for  a deviation  from  the  line  of  a highway 
already  existing,  if  thereby  a shorter  or  more  direct  highway,  or 
a lessened  gradient  may  be  obtained  without  decreasing  the  use- 
fulness of  the  highway. 

3.  He  may  provide  for  the  widening  of  an  existing  highway. 

4.  He  shall  prepare  preliminary  plans  and  specifications  for 
the  construction  or  improvement  of  such  highway  or  section 
thereof  providing  for  a telford,  macadam  or  gravel  roadway,  or 
other  suitable  construction,  taking  into  consideration  climate,  soil 
and  materials  to  be  had  in  the  vicinity  thereof,  and  the  extent 
and  nature  of  the  traffic  likely  to  be  upon  such  highway,  specify- 
ing in  his  judgment  the  kind  of  highway  a wise  economy  demands. 

5.  He  shall  provide  in  such  plans  and  specifications  for  neces- 
sary culverts,  drains,  ditches,  waterways,  embankments,  guard- 
rails and  retaining  walls. 

6.  He  may  provide  therein  for  the  removal  or  planting  of 
trees,  within  the  boundaries  of  the  highway,  when  necessary  for 
the  preservation  thereof. 

7.  He  shall  provide  therein  for  the  erection  of  suitable  guide 
boards. 

8.  He  may  provide  for  such  other  work  as  may  be  required  to 
complete  the  construction  or  improvement  in  a proper  manner. 


217 


9.  He  shall  cause  an  estimate  to  be  made  of  the  cost  of  the 
construction  of  such  highway  or  section  thereof  in  accordance 
with  such  plans  and  specifications.  In  making  such  estimate  he 
shall  ascertain  with  all  practical  accuracy  the  quantity  of  embank- 
ment, excavation  and  masonry,  the  quantity  of  all  materials  to 
be  used  and  all  items  of  work  to  be  placed  under  contract  and 
specify  the  estimated  cost  thereof. 

§ 126.  Submission  of  maps,  plans  and  specifications  to  district  or 
county  superintendent. — The  commission  shall  cause  the  prelim- 
inary maps,  plans  and  specifications  for  either  a state  or  county 
highway,  or  a copy  thereof,  to  be  presented  to  the  district  or 
county  superintendent  of  the  district  or  county  in  which  such 
highway  or  section  thereof  is  situated,  who  shall  personally  ex- 
amine the  highway  or  section  thereof  and  the  proposed  maps, 
plans  and  specifications,  and  shall  recommend  any  modification 
thereof  which  in  his  judgment  seems  to  be  necessary  and  shall 
report  thereon  within  sixty  days  to  the  commission.  He  shall 
also  take  such  other  action  in  respect  thereto  as  may  be  required 
by  law  or  by  the  commission. 

§ 127.  Action  of  commission  in  respect  to  maps,  plans,  specifica- 
tions and  estimates. — Upon  receiving  the  report  of  the  district 
or  county  superintendent,  as  provided  in  the  preceding  section, 
the  commission  shall  finally  adopt  the  maps,  plans,  specifica- 
tions and  estimates  which  are  to  be  used  for  the  construction 
or  improvement  of  the  state  or  county  highway  to  be  constructed 
or  improved.  If  such  highway  be  a state  highway  the  commis- 
sion shall  thereupon  proceed  to  advertise  and  award  contracts 
for  the  construction  or  improvement  thereof  as  provided  in  sec- 
tion one  hundred  and  thirty.  If  such  highway  be  a county 
highway  the  commission  shall  transmit  such  plans,  specifications 
and  estimates  as  adopted  by  them  to  the  board  of  supervisors  of 
the  county  from  which  the  resolution  proceeded,  together  with 
their  certificate  approving  the  construction  or  improvement  of  the 
highway  or  section  thereof  designated  in  such  resolution. 

§ 128.  Final  resolution  of  board  of  supervisors. — The  board  of 
supervisors,  after  the  receipt  of  plans,  specifications  and  estimate 
of  a county  highway  or  section  thereof,  and  after  such  modifica- 
tion thereof  as  may  be  made  by  a majority  vote  of  such  board, 
with  the  consent  of  the  commission,  may  approve  such  plans, 
specifications  and  estimate,  and  adopt  a resolution  requesting  that 
such  county  highway  or  section  thereof  be  constructed  or  im- 


218 


proved  under  the  provisions  of  this  article,  in  accordance  there- 
with. In  the  case  of  a county  highway  or  a section  thereof  which 
divides  two  or  more  counties,  such  resolution  must  be  separately 
adopted  by  the  board  of  supervisors  of  each  county  within  which 
a portion  of  such  highway  lies.  The  form  of  such  resolution 
shall  be  prescribed  by  the  commission  and  shall  contain  the 
matter  required  by  this  article  to  be  inserted  therein.  Imm&- 
diately  upon  the  adoption  of  such  resolution  the  clerk  of  the 
board  of  supervisors  shall  transmit  a certified  copy  thereof  to  the 
commission.  When  a board  of  supervisors  has  once  adopted  a 
resolution  providing  for  the  construction  or  improvement  of  a 
highway  or  a section  thereof  in  accordance  with  such  plans  and 
specifications,  no  resolution  thereafter  adopted  by  such  board  shall 
rescind  or  annul  such  prior  resolution  either  directly  or  in- 
directly, excepting  under  the  advice  and  with  the  consent  of  the 
commission.  Notwithstanding  the  adoption  of  such  a resolution, 
the  commission  may  modify  such  plans,  specifications  and  esti- 
mate, prior  to  the  award  of  a contract  therefor  and,  upon  the 
approval  thereof  by  the  board  of  supervisors  as  above  provided, 
such  highway  or  section  thereof  shall  be  constructed  or  improved 
in  accordance  with  such  plans,  specifications  and  estimate. 

Amended  by  L.  1909,  ch.  240,  § 45. 

§ 129.  Order  of  construction  of  county  highways. — Upon  the 
receipt  of  such  resolution  the  commission  shall  proceed  with  the 
improvement  or  construction  of  such  county  highway  as  provided 
in  this  article.  The  construction  and  improvement  of  such  county 
highways  and  sections  thereof  shall  be  taken  up  and  carried  for- 
ward within  a county  in  the  consecutive  order  as  determined  by 
the  date  of  the  receipt  by  the  commission  in  each  case  of  the 
certified  copy  of  the  final  resolution,  so  far  as  is  practicable  in 
the  opinion  of  the  commission.  No  such  highway  shall  be  placed 
upon  the  list  of  highways  to  be  constructed  or  improved  nor  re- 
ceive a consecutive  number  on  such  list,  unless  such  resolution 
shall  appropriate  and  make  immediately  available  for  such  con- 
struction or  improvement  the  counties’  and  towns’  share  of  the 
cost  thereof. 

Amended  by  L.  1910,  ch.  247. 

§ 130.  Contracts  for  construction  or  improvement  of  highways. — 

State  and  county  highways  shall  be  constructed  or  improved  by 
contract.  Upon  the  completion  and  final  adoption  or  approval, 
as  provided  by  law,  of  the  plans,  specifications  and  estimate  for 


210 


the  construction  or  improvement  of  a state  or  county  highway, 
contracts  therefor  shall  he  executed  as  provided  herein. 

1.  Advertising  for  proposals. — The  commission  shall  advertise 
for  proposals  for  the  construction  or  improvement  of  such  high- 
ways or  sections  thereof  according  to  the  plans,  specifications  and 
estimate  prepared  therefor.  The  advertisement  shall  he  limited 
to  a brief  description  of  the  work  proposed  t,o  he  done,  with  an 
announcement  stating  where  the  maps,  plans,  specifications  and 
estimate  may  he  seen,  the  terms  and  conditions  under  which 
proposals  will  be  received,  the  time  and  place  where  the  same  will 
be  opened,  and  such  other  matters  as  the  commission  may  deem 
advisable  to  include  therein.  Such  advertisement  shall  be  pub- 
lished at  least  once  in  each  week  for  two  successive  weeks  in  a 
newspaper  published  at  the  county  seat  of  the  county  in  which 
such  highway  or  section  thereof  is  to  be  constructed  or  improved, 
and  in  such  other  newspapers  as  the  commission  may  designate. 

2.  Proposals. — Each  proposal  shall  specify  the  gross  sum  for 
which  the  work  will  be  performed  and  shall  also  include  the 
amount  to  be  charged  for  each  item  specified  in  the  estimate.  The 
commission  may  prescribe  and  furnish  forms  for  the  submission 
of  such  proposals  and  may  prescribe  the  manner  of  submitting 
the  same  which  shall  not  be  inconsistent  herewith.  The  proposals 
when  opened  shall  be  subject  at  all  reasonable  times  to  public 
inspection,  and  at  the  time  of  opening  shall  be  publicly  read,  and 
conspicuously  posted  in  such  a manner  as  to  indicate  the  several 
items  of  the  proposal. 

3.  Award  of  contracts. — The  contract  for  the  construction  or 
improvement  of  such  highway  or  section  thereof  shall  be  awarded 
to  the  lowest  responsible  bidder,  except  that  no  contract  shall  be 
awarded  at  a greater  sum  than  the  estimate  made  for  the  con- 
struction or  improvement  of  such  highway  or  section  thereof  in 
accordance  with  such  plans  and  specifications.  The  lowest  bid 
shall  be  deemed  to  be  that  which  specifically  states  the  lowest 
gross  sum  for  which  the  entire  work  will  be  performed,  including 
all  the  items  specified  in  the  estimate  therefor. 

4.  Estimates  may  be  amended. — If  no  proposal  otherwise  ac- 
ceptable is  made  within  the  estimate  accompanying  the  plans 
and  specifications,  the  commission  may  cause  the  estimate  to  be 
amended.  If  the  highway  to  be  constructed  or  improved  is  a 
county  highway  the  commission  shall  certify  the  amended  estimate 
to  the  board  of  supervisors  and  the  board  shall  take  action  thereon 


as  in  a case  where  plans,  specifications  and  estimates  are  originally 
submitted  to  a board  of  supervisors.  Upon  the  amendment  of 
such  estimate,  and  its  approval  by  the  board  of  supervisors  in  case 
of  a county  highway,  the  commission  may  proceed  anew  to  obtain 
proposals  and  award  the  contract  as  provided  in  this  section. 

5.  Rejection  of  proposals. — The  commission  may  reject  any 
or  all  proposals  and  may  advertise  for  new  proposals  as  above 
provided,  if,  in  their  opinion,  the  best  interests  of  the  state  will 
thereby  be  promoted. 

6.  Form  of  contract. — « The  commission  shall  prescribe  the 
form  of  contract  and  may  include  therein  such  matters  as  they 
may  deem  advantageous  to  the  state.  Such  forms  shall  be  uni- 
form so  far  as  may  be. 

7.  Bond  of  contractor. — Each  contractor,  before  entering  into 
a contract  for  such  construction  or  improvement,  shall  execute  a 
bond  in  the  form  prescribed  by  the  commission,  with  sufficient 
sureties,  to  be  approved  by  the  commission,  conditioned  that  be 
will  perform  the  work  in  accordance  with  the  terms  of  the  con- 
tract, and  with  the  plans  and  specifications,  and  that  be  will 
commence  and  complete  the  work  within  the  time  prescribed  in 
the  contract.  Such  bond  shall  also  provide  against  any  direct 
or  indirect  damages  that  shall  be  suffered  or  claimed  on  account 
of  such  construction  or  improvement  during  the  time  thereof, 
and  until  the  highway  is  accepted. 

8.  Payments  on  contract. — The  contract  may  provide  for  par- 
tial payments  to  an  amount  not  exceeding  ninety  per  centum  of 
the  value  of  the  work  done,  which  shall  be  paid  in  the  manner 
provided  by  this  article  when  certified  to  by  the  commission. 
Ten  per  centum  of  the  contract  price  shall  be  retained  until  the 
entire  work  has  been  completed  and  accepted. 

9.  Contingencies. — All  contingencies  arising  during  the  prose- 
cution of  the  work  shall  be  provided  for  to  the  satisfaction  of 
the  commission  and  as  may  be  agreed  upon  in  the  original  or 
by  a supplemental  contract  executed  by  the  commission ; the 
amount  to  be  expended  shall  not  exceed  the  original  estimate, 
unless  such  estimate  shall  have  been  duly  amended  by  the  com- 
mission and,  in  the  case  of  a county  highway,  submitted  to  the 
board  of  supervisors  for  its  approval.  If  a supplemental  con- 
tract be  executed  by  the  commission  for  the  performance  of  work 
or  furnishing  of  material  not  provided  for  in  the  original  con- 
tract, the  amount  to  be  charged  thereunder  for  any  such  work 


nt 


o?  material  shall  not  exceed  the  rate  for  which  similar  work  or 
material  was  agreed  to  he  performed  or  furnished  under  the 
original  bid  upon  which  the  contract  was  awarded.  Such  supple' 
mental  contract  shall  not  be  binding  unless  it  be  approved  by  the 
commission  in  case  of  a state  highway  and  in  case  of  a county 
highway,  by  the  chairman  of  the  board  of  supervisors  and  the 
district  or  county  superintendent. 

Under  an  opinion  of  the  Attorney-General  under  date  of  May  15,  1909,  it  was 
held  that  supplemental  contracts  for  the  construction  of  any  portion  of 
county  highways  must  be  submitted  to  the  board  of  supervisors  of  the 
county  and  that  such  contracts  are  not  binding  unless  approved  by  the 
chairman  of  the  board. 

Under  an  opinion  of  the  Attorney-General  under  date  of  December  21, 
1909,  it  was  held  that  a supplemental  contract  is  not  binding  except  that 
it  be  approved  in  the  case  of  a county  highway  by  the  chairman  of  the 
board  of  supervisors  and  the  district  or  county  superintendent.  Should  such 
change  involve  an  increased  cost  beyond  that  of  the  original  estimate  the 
same  must  be  approved  by  the  board  of  supervisors  after  the  amendment 
of  the  estimate. 

Rejection  of  bids  by  the  State  Engineer  for  construction  or  improvement  of 
the  highways.  Rept.  of  Atty.-Genl.  (1908),  271. 

The  mere  announcement  by  the  Highway  Commission  that  a bid  will  be 
awarded  to  a certain  person  does  not  make  a contract  and  said  person  cannot 
hold  the  State  for  damages  on  account  thereof.  Rept.  of  Atty.-Genl.,  May 
10,  1910. 

The  bond  of  a contractor  should  not  be  released  where  work  upon  his  con- 
tract has  been  suspended  because  of  weather  conditions,  although  ten  per 
cent,  of  the  contract  price  ha?,  been  reserved  by  the  State  and  the  amount 
of  unperformed  work  will  not  exceed  the  ten  per  cent,  reserved.  Rept.  of 
Atty.-Genl.,  Dec.  11,  1909. 


§ 131.  Award  of  contracts  to  board  of  supervisors  or  town  board. 

— A board  of  supervisors  of  a county,  or  a town  board  of  a town, 
in  which  any  portion  of  a county  highway  is  situated,  may 
present  proposals  and  be  awarded  a contract  for  the  construction 
or  improvement  of  such  highway,  as  provided  in  this  article,  for 
and  on  behalf  of  such  county  or  town.  If  such  contract  be 
awarded  to  a board  of  supervisors  or  a town  board  such  board 
shall,  by  resolution,  designate  some  suitable  person  or  persons 
to  carry  into  effect,  on  behalf  of  the  town,  such  contract,  and 
transact  all  business  in  respect  thereto  as  may  be  necessary.  A 


222 


member  of  the  board  of  supervisors  or  town  board  at  the  time 
such  contract  was  awarded  or  such  designation  was  made,  or  a 
person  who  is  a partner  of,  or  a stockholder  in  the  same  corpora- 
tion as  that  of  such  member,  shall  not  be  so  designated.  A 
member  of  the  board  of  supervisors  or  town  board  at  the  time 
such  designation  was  made,  or  a firm,  corporation  or  association 
of  which  he  is  a member  or  has  an  interest,  shall  not  be  directly 
or  indirectly  interested  in  any  such  contract  nor  shall  such  mem- 
ber, or  such  firm,  corporation  or  association  furnish  materials  or 
perform  labor  or  services,  either  directly  or  indirectly,  under  or 
in  connection  with  the  performance  of  any  of  the  work  required 
in  accordance  with  such  contract,  nor  shall  such  member,  firm  or 
corporation  or  association,  be  paid  for  materials  furnished  or 
services  rendered  in  respect  to  such  contract.  The  clerk  of  the 
board  of  supervisors  or  the  town  clerk  shall  transmit  a certified 
copy  of  the  resolution  designating  the  person  or  persons  to  carry 
into  effect  such  contract  to  the  commission  prior  to  the  awarding 
of  a contract  to  the  board  of  supervisors  or  town  board.  The 
person  or  persons  so  designated  shall,  before  the  contract  is  exe- 
cuted, give  an  undertaking  to  the  county  or  town,  with  sureties 
to  be  approved  by  the  commission  and  the  board  of  supervisors  or 
town  board,  for  an  amount  equal  to  the  amount  of  the  bid  pre- 
sented by  the  county  or  town.  Such  undertaking  shall  be  condi- 
tioned on  the  faithful  performance  of  their  duties  in  respect  to 
such  contract  and  for  the  proper  accounting,  safe-keeping  and 
lawful  disbursement  of  all  moneys  that  may  come  into  their 
hands  thereunder.  Such  undertaking  shall  be  filed  in  the  office 
of  the  county  or  town  clerk  and  a copy  thereof  shall  be  transmitted 
to  the  commission.  The  person  or  persons  so  designated  shall 
thereupon  be  competent  to  receive  all  moneys  payable  under  such 
contract  under  the  provisions  of  this  article,  and  they  shall  ac- 
count therefor  to  the  county  or  town.  The  board  of  supervisors 
or  town  board,  after  such  contract  is  awarded,  shall  designate, 
by  resolution,  a banking  corporation  or  a trust  company  wherein 
the  moneys  received  under  such  contract  shall  be  deposited. 
Such  bank  or  trust  company  shall,  upon  the  request  of  the  board 
of  supervisors  or  town  board,  make  a statement  of  the  money  so 
deposited.  The  commission  shall,  by  rules  and  regulations,  pre- 
scribe the  manner  in  which  the  moneys  received  under  such  con- 
tract shall  be  expended  and  the  forms  of  accounts  to  be  kept  by 
the  person  or  persons  designated  as  above  provided.  Reports  may 


22;j 


be  required  by  the  commission  from  time  to  time  from  such  per- 
son or  persons. 

§ 132.  Suspension  of  work  under  contract;  completion  by  com- 
mission.— If  the  division  engineer  shall  determine  that  the  work 
upon  any  contract  for  the  construction  or  improvement  of  a state 
or  county  highway  is  not  being  performed  according  to  the  con- 
tract or  for  the  best  interests  of  the  state,  he  shall  so  certify  to 
the  commission  and  the  commission  may  suspend  or  stop  the  work 
under  the  contract  while  it  is  in  progress,  and  shall  thereupon 
complete  the  work  in  such  manner  as  will  accord  with  the  con- 
tract specifications,  and  be  for  the  best  interests  of  the  state,  or 
it  may  cancel  the  contract  and  readvertise  and  relet  as  provided 
in  section  one  hundred  and  thirty,  and  any  excess  in  the  cost  of 
completing  the  contract  beyond  the  price  for  which  it  was  origi- 
nally awarded  shall  he  charged  to  any*  paid  by  the  contractor  fail- 
ing to  perform  the  work.  Every  contract  for  the  construction  or 
improvement  of  a state  or  county  highway  shall  reserve  to  the  com- 
mission the  right  to  suspend  or  cancel  the  contract  as  above  pro- 
vided, and  to  complete  the  work  thereunder  or  readvertise  and 
relet  as  the  commission  may  determine. 

§ 133.  Acceptance  of  state  highway  when  completed. — Upon  the 
completion  of  a state  highway  or  section  thereof  constructed  or 
improved  under  a contract  let  as  provided  in  this  article,  the 
division  engineer  together  with  the  county  or  district  superin- 
tendent shall  inspect  the  same  and  if  it  be  completed  as  provided 
in  the  contract,  they  shall  thereupon  report  to  the  commission, 
who  shall,  if  it  approve,  notify  the  contractor  of  that  fact  and  the 
highway  or  section  thereof  so  constructed  or  improved  shall  be 
deemed  to  have  been  accepted  by  the  state. 

§ 134.  Acceptance  of  county  highway. — Upon  the  completion 
of  a county  highway  or  section  thereof,  constructed  or  improved 
under  a contract  let  as  provided  in  this  article,  the  commission 
shall  inform  the  district  or  county  superintendent  and  the  board 
of  supervisors  of  the  county  in  which  such  highway  or  section 
thereof  is  located  in  writing,  that  it  will  accept  the  work  on  behalf 
of  the  state  and  county  within  twenty  days  from  the  date  of  such 
notice,  unless  protest  shall  he  filed  with  him*  in  writing  by  the  dis- 
trict or  county  superintendent  or  by  the  chairman  of  the  board  of 
supervisors.  In  case  a protest  is  filed  the  commission  shall  hear 
the  same  and  if  it  is  sustained  it  shall  delay  the  acceptance  of 

* So  in  original. 


224 


the  highway  or  section  thereof  until  it  he  properly  completed. 
Upon  the  proper  completion  of  such  highway  or  section  thereof 
and  after  filing  the  notice  above  given  it  shall  be  deemed  to 
have  been  accepted  by  the  board  of  supervisors  of  such  county 
and  thereafter  it  shall  be  maintained  as  provided  in  this  chapter. 

§ 135.  Entry  upon  adjacent  lands  for  drainage  purposes. — Lands 
adjacent  to  a state  or  county  highway  may  be  entered  upon  and 
occupied  for  the  purpose  of  opening  or  constructing  a drain  or 
ditch  so  as  to  properly  drain  such  highway: 

1.  By  a contractor,  or  any  of  his  agents  or  employees,  when 
directed  by  the  commission,  during  the  construction  or  improve- 
ment of  such  highway. 

2.  By  the  commission  or  its  duly  authorized  officers,  agents  or 
employees,  at  any  time,  for  the  purpose  of  making  surveys  for 
such  drain  or  ditch. 

3.  By  the  commission,  or  its  duly  authorized  officers,  agents  or 
employees,  or  by  a county,  district  or  town  superintendent,  when 
directed  by  the  commission,  after  the  completion  and  acceptance 
of  the  highway  for  the  purpose  of  opening,  constructing  or  main- 
taining ditches  or  drains  upon  such  lands,  necessary  for  the  proper 
maintenance  of  such  highway. 

By  an  opinion  of  the  Attorney-General  under  date  of  April  9,  1909,  it  was 
held  that  in  the  majority  of  cases  condemnation  proceedings  should  be  insti- 
tuted previous  to  entry  in  case  of  failure  to  agree  upon  damages  with  the 
owner.  The  opinion  says  in  part:  “While  I am  inclined  to  the  opinion  from 
the  language  above  used  (section  136)  and  the  heading  of  this  section  that 
the  Commission  has  the  power  to  enter  upon  such  lands  before  instituting 
condemnation  proceedings,  yet  the  safer  course  would  be,  in  view  of  the  fact 
that  the  language  is  not  entirely  clear,  to  start  condemnation  proceedings 
first  in  case  a reasonable  agreement  cannot  be  made  with  the  owner  of  the 
land.  These  proceedings,  under  the  code,  allow  an  entry  to  be  made,  under 
certain  conditions,  very  shortly  after  the  commencement  of  the  proceedings 
and  I therefore  advise  that  unless  an  emergency  exists  which  would  endanger 
the  safety  of  the  highway,  this  course  is  the  safer  one  to  pursue.” 

§ 136.  Damages  for  entry. — The  commission  may  agree  with 
the  owner  of  lands  entered  upon  and  occupied  as  provided  in  the 
preceding  section  for  the  payment  of  damages  caused  by  such 
entry,  or  if  unable  to  so  agree  the  right  to  enter  and  occupy  such 
lands  may  be  acquired  and  the  damages  therefor  shall  be  ascer- 
tained as  provided  in  the  condemnation  law.  Such  damages 
shall,  in  the  case  of  a state  highway,  be  paid  out  of  moneys  avail- 
able for  the  construction  or  improvement  of  such  highway,  and  in 


225 


the  case  of  a county  highway  shall  he  a county  charge  and  paid 
in  the  same  manner  as  other  county  charges. 

§ 137.  State  and  county  highways  in  villages  and  cities  of  the 
third  class. — A State  highway  may  be  constructed  through  a city 
of  the  third  class  or  a village  and  a county  highway  may  be  con- 
structed through  a village  in  the  same  manner  as  outside  thereof, 
unless  the  street  through  which  it  runs  has,  in  the  opinion  of  the 
commission,  been  so  improved  or  paved  as  to  form  a continuous 
and  improved  highway  of  sufficient  permanence  as  not  to  warrant 
its  reconstruction,  in  which  case  such  highway  shall  be  constructed 
or  improved  to  the  place  where  such  paved  or  improved  street 
begins.  If  it  is  desired  to  construct  or  improve  any  portion  of  a 
state  or  county  highway  within  such  village  at  a width  greater 
than  that  provided  for  in  the  plans  and  specifications  therefor,  or 
if  a modification  of  the  plans  and  specifications  is  desired  by  which 
the  cost  thereof  is  increased,  the  board  of  trustees  of  such  village 
shall  petition  the  commission  by  resolution,  to  so  modify  such 
plans  and  specifications  as  to  provide  for  such  construction.  The 
commission  shall  thereupon  cause  the  plans,  specifications  and 
estimate  for  such  highway  to  be  modified  so  as  to  provide  for  such 
additional  construction,  and  shall  provide  therefor  in  the  contract. 
Upon  the  completion  of  such  state  or  county  highway  within 
the  village  in  accordance  with  such  modified  plans  and  specifi- 
cations the  commission  shall  notify  the  board  of  trustees  as 
provided  in  the  case  of  a county  highway.  Such  board  may  file 
a written  protest  against  the  acceptance  of  such  work  with  the 
commission  who  shall  examine  in  respect  thereto,  and  if  it  is  sus- 
tained the  commission  shall  delay  the  acceptance  of  the  highway 
within  the  village  until  it  be  properly  completed.  Upon  the 
proper  completion  thereof  and  the  notification  as  above  provided, 
the  commission  shall  certify  to  the  board  of  trustees  the  cost  of 
such  additional  construction,  and  such  board  shall  pay  the  same 
out  of  moneys  raised  by  tax  or  from  the  issue  and  sale  of  bonds 
as  provided  in  the  village  law.  The  provisions  of  the  general 
village  law,  special  village  charters  and  other  general  or  special 
laws  relative  to  the  pavement  or  improvement  of  streets  and  the 
assessment  and  payment  of  the  cost  thereof  shall  apply,  so  far  as 
may  be,  to  such  additional  construction  and  the  assessment  and 
payment  of  the  cost  thereof. 

Amended  by  L.  1910,  ch.  233. 

15 


226 


§ 138.  Connecting  highways  in  villages — The  board  of  trustees 
of  a village  may,  by  resolution,  petition  the  commission  for  the 
construction  or  improvement  of  a highway  to  connect  streets  or 
highways  within  the  village,  which  have  been  paved  or  improved, 
with  county  highways  which  have  been  heretofore  built  under  the 
provisions  of  chapter  one  hundred  and  fifteen  of  the  laws  of  eigh- 
teen hundred  and  ninety-eight,  and  the  acts  amendatory  thereof. 
If  in  the  judgment  of  the  commission  public  convenience  requires 
the  construction  or  improvement  of  such  connecting  highway,  the 
commission  shall  cause  plans,  specifications  and  estimates  to  be  pre- 
pared, and  shall  cause  the  same  to  be  transmitted  to  the  board  of 
supervisors  of  the  county  wherein  such  highway  is  situated,  with 
a written  statement  of  their  reason  for  providing  for  such  con- 
struction or  improvement.  A copy  of  such  statement  shall  be  filed 
in  the  office  of  the  county  clerk  of  such  county.  The  board  of  super- 
visors shall  thereupon  adopt  a resolution  providing  for  such  con- 
struction or  improvement  as  provided  in  this  article.  The  payment 
of  the  cost  of  such  construction  or  improvement  shall  be  provided 
for  in  such  resolution  as  in  other  cases,  and  such  payment  shall  be 
made  in  the  same  manner.  A certified  copy  of  such  resolution  shall 
be  filed  in  the  office  of  the  commission.  The  construction  or  im- 
provement of  such  connecting  highway  shall  then  be  taken  up  in  the 
order  and  manner  provided  in  this  article  for  the  construction  or 
improvement  of  county  highways.  If  it  is  desired  to  construct  or 
improve  any  portion  of  such  a connecting  highway  at  a width 
greater  than  that  provided  for  in  the  plans  and  specifications  there- 
for, or  if  a modification  of  such  plans  and  specifications  is  desired 
by  which  the  cost  thereof  will  be  increased,  the  board  of  trustees  of 
the  village  shall  proceed  as  in  the  preceding  section  to  secure  such  a 
modification  of  the  plans  and  specifications  as  will  provide  for  such 
desired  construction.  The  provisions  of  the  preceding  section  shall 
apply  in  like  manner  to  the  connecting  highway  to  be  constructed 
or  improved  as  provided  in  this  section. 

§ 139.  Resolution  to  provide  for  raising  money. — The  resolution 
of  the  board  of  supervisors  providing  for  the  construction  or  im- 
provement of  a county  highway  or  section  thereof  shall  appro- 
priate and  make  immediately  available  to  the  requisition  of  the 
commission  an  amount  sufficient  to  pay  the  share  of  the  cost  of 
such  construction  or  improvement  which  is  to  be  borne  by  the 
county  and  town  or  towns  within  which  such  highway  or  section 
thereof  is  located. 

Amended  by  L.  1910,  ch.  247. 


227 


§ 140.  Modifying  method  of  payment. — If  a resolution  has  been 

heretofore  adopted  by  a board  of  supervisors  requesting  the  state 
to  pay  the  entire  cost  of  the  construction  or  improvement  of  a 
county  highway  in  the  first  instance  and  that  the  state  charge  the 
county  and  town  or  towns  annually  with  their  share  of  the  interest 
and  sinking  fund,  as  provided  in  chapter  four  hundred  and  sixty- 
nine  of  the  laws  of  nineteen  hundred  and  six,  and  the  acts 
amendatory  thereof,  such  board  of  supervisors  may  adopt  a reso- 
lution rescinding  such  prior  resolution  and  appropriating  and 
making  immediately  available  an  amount  sufficient  to  pay  the 
share  of  the  cost  of  the  construction  or  improvement  of  such 
highway.  The  clerk  of  the  board  of  supervisors  shall  transmit 
certified  copies  of  such  resolution  to  the  commission  and  the  state 
comptroller.  If  such  prior  resolution  shall  not  be  so  rescinded  it 
shall  have  the  same  force  and  effect  which  it  had  prior  to  the 
amendment  of  this  section.  The  adoption  of  a resolution  modi- 
fying the  method  of  payment  of  the  share  of  the  county  and  town 
or  towns  shall  not  affect  or  change  the  date  of  the  filing  of  the 
original  resolution  providing  for  the  construction  or  improvement 
of  such  highway  nor  alter  in  any  way  the  order  of  construction 
determined  by  the  date  of  the  filing  of  the  original  resolution. 

Amended  by  L.  1910,  ch.  247. 

§ 141.  Division  of  cost  of  county  highways;  payments  by  county 
treasurer. — Whenever  the  construction  or  improvement  of  a county 
highway  or  section  thereof  under  a contract  shall  be  completed 
and  final  payment  therefor  shall  have  been  made  the  commission 
shall  prepare  a statement  of  the  cost  of  such  construction  or  im- 
provement, including  engineering  expenses,  inspection  and  all 
charges  and  expenses  properly  chargeable  thereto,  showing  in  de- 
tail the  date  of  each  payment,  and  the  purpose  and  amount  of  such 
payment.  Such  payments  shall  be  grouped  as  far  as  practicable 
by  dates  and  the  total  thus  obtained  shall  be  deemed  the  cost  of 
such  construction  or  improvement,  and  a certified  copy  of  said 
statement  shall  be  filed  by  the  commission  in  the  office  of  the  comp- 
troller. If  a county  highway  or  section  thereof  so  constructed 
or  improved  shall  be  situate  in  two  or  more  towns  or  in  two  or 
more  counties,  the  commission  shall  apportion  such  expense  to 
such  towns  and  counties  according  to  the  cost  of  such  construction 
or  improvement  in  each  of  such  towns  or  counties.  Such  state- 
ment when  audited  and  approved  by  the  comptroller  shall  be  filed 
in  his  office  and  shall  be  final,  and  a duplicate  thereof  shall  be 


228 


filed  with  the  county  treasurer  of  each  county  wherein  the  high- 
way or  section  thereof  has  been  improved.  If  the  board  of  super- 
visors of  any  county  shall  have  theretofore  provided  funds  to  pay 
two  per  centum  of  the  cost  of  such  county  highway  as  thus  deter- 
mined, for  each  one  thousand  dollars  of  assessed  valuation  of  real 
and  personal  property  liable  to  taxation  in  said  county  for  each 
mile  of  public  highway  within  such  county  to  he  ascertained  and 
determined  by  dividing  the  total  assessed  valuation  of  taxable 
property  in  said  county  as  equalized  for  state  purposes  by  the 
total  mileage  of  highways  in  said  county,  exclusive  of  the  streets 
and  highways  within  any  incorporated  city  or  village  in  said 
county,  and  if  the  board  of  supervisors  of  any  county  shall  have 
theretofore  provided  funds  to  pay,  on  behalf  of  any  town,  one 
per  centum  of  the  cost  of  such  improved  highway  as  thus  deter- 
mined, for  each  one  thousand  dollars  of  assessed  valuation  of  real 
or  personal  property  liable  to  taxation  in  said  town  for  each 
mile  of  public  highway  within  said  town  to  be  ascertained  and 
determined  by  adding  to  or  deducting  from  the  total  assessed 
value  of  taxable  property  in  said  town  as  equalized  for  county 
purposes,  the  percentage  of  value,  if  any,  added  or  deducted  by 
the  state  board  of  equalization  to  equalize  between  counties  for 
state  purposes,  and  dividing  the  sum  thus  obtained  by  the  total 
mileage  of  public  highways  in  said  town,  exclusive  of  the  streets 
and  highways  within  any  incorporated  city  or  village  in  said  town, 
but  not  exceeding  thirty-five  per  centum  of  the  cost  for  the  county 
and  fifteen  per  centum  of  the  cost  for  the  town  or  towns,  as 
shown  by  such  statement,  it  shall  be  the  duty  of  the  county  treas- 
urer to  pay  the  amount  thereof  upon  the  requisition  of  the  com- 
mission and  thereafter  the  county  and  town  shall  be  deemed  to 
be  fully  discharged  of  its  obligation  to  the  state  on  account  of  the 
construction  or  improvement  of  such  county  highway,  except  the 
obligation  to  pay  their  proportionate  amount  of  the  state  tax  for 
the  state’s  share  of  the  cost  of  construction.  At  least  ten  days 
notice  shall  be  given  by  the  commission  to  the  county  treasurer 
prior  to  the  making  of  such  a requisition.  A copy  of  each  con- 
tract providing  for  the  construction  or  improvement  of  a county 
highway,  and  the  plans  and  specifications  therefor,  together  with 
copies  of  certificates  showing  the  progress  of  the  work,  upon  which 
requisitions  are  drawn,  shall  be  filed  with  the  county  treasurer. 
The  mileage  of  highways  to  be  used  in  determining  the  amounts 
to  be  charged  to  a county  or  town  under  this  section  shall  be  the 


229 


tables  of  mileage  formerly  prepared  by  the  state  engineer  until 
the  tables  as  provided  in  this  chapter  are  filed. 

§ 142.  County  or  town  may  borrow  money. — Whenever  the  board 
of  supervisors  shall  have,  by  resolution,  appropriated  and  made 
immediately  available  to  the  requisition  of  the  commission  an 
amount  sufficient  to  pay  the  share  of  the  cost  of  such  construction 
or  improvement  which  is  to  be  borne  by  the  county  and  town  or 
towns  within  which  such  highway  or  section  thereof  is  located, 
such  amount  so  appropriated  shall  be  a county  charge  in  the  first 
instance  and  shall  be  paid  by  the  county  treasurer  of  the  county 
in  which  such  highway  or  section  thereof  is  located,  upon  the 
requisition  of  the  commission.  If  there  are  not  sufficient  funds 
in  the  county  treasury  to  pay  such  share  of  the  county  and  town 
or  towns  of  the  cost  of  construction  of  such  improvement  so  appro- 
priated and  made  available,  the  county  treasurer  is  authorized 
to  borrow  a sufficient  amount  to  pay  such  share  in  anticipation  of 
taxes  to  be  collected  therefor,  or  the  issuance  of  bonds  as  herein- 
after provided,  and  to  pledge  the  faith  and  credit  of  the  county 
for  the  payment  of  the  amount  when  due,  with  interest.  The 
board  of  supervisors  may,  by  resolution,  authorize  the  issuance 
and  sale  of  bonds  of  the  county  to  an  amount  not  exceeding  the 
share  of  the  county  as  apportioned  by  the  commission,  or  if  such 
apportionment  has  not  been  made,  to  an  amount  not  exceeding 
thirty-five  per  centum  of  the  estimated  cost  of  the  construction 
or  improvement  of  such  county  highway  as  shown  by  the  estimate 
approved  by  the  board  of  supervisors  pursuant  to  section  one 
hundred  and  twenty-eight  of  this  chapter,  and  apply  the  proceeds 
of  such  bonds  to  the  payment  of  the  share  of  the  cost  of  the  con- 
struction of  such  highway  to  be  borne  by  the  county,  appropriated 
and  made  immediately  available  as  aforesaid  or  to  the  payment 
and  redemption  of  any  certificates  of  indebtedness  issued  as  above 
provided.  Said  bonds  shall  be  payable  not  more  than  thirty  years 
from  their  date.  The  board  of  supervisors  may,  by  resolution, 
authorize  the  issuance  and  sale  of  bonds  of  the  county  to  an  amount 
not  exceeding  the  share  of  the  town  or  towns  as  apportioned  by  the 
commission,  or,  if  such  apportionment  has  not  been  made,  to  an 
amount  not  exceeding  fifteen  per  centum  of  the  estimated  cost 
of  the  construction  or  improvement  of  such  county  highway,  as 
shown  by  the  estimate  approved  by  the  board  of  supervisors  pur- 
suant to  section  one  hundred  and  twenty-eight  of  this  chapter,  and 
apply  the  proceeds  of  such  bonds  to  the  payment  of  the  share  of 
the  cost  of  the  construction  of  such  highway  to  be  borne  by  the 


230 


town  or  towns  appropriated  and  made  immediately  available  as 
aforesaid  or  to  the  payment  and  redemption  of  any  certificates  of 
indebtedness  issued  as  above  provided.  Said  bonds  shall  be  pay- 
able not  more  than  five  years  from  their  date.  It  shall  be  the  duty 
of  the  board  of  supervisors  to  provide  for  the  assessment,  levy  and 
collection  of  annual  taxes  sufficient  to  pay  the  principal  and  inter- 
est of  said  bonds,  as  the  same  shall  become  due.  Upon  the  petition 
of  the  town  board  of  any  town,  the  board  of  supervisors  of  the 
county  may,  by  resolution,  authorize  the  town  to  borrow  a suf- 
ficient sum  to  pay  the  share  of  the  cost  of  the  construction  or 
improvement  of  a county  highway  which  is  to  be  borne  by  the 
town  as  apportioned  by  the  commission  and  to  issue  and  sell  town 
bonds  therefor.  Such  bonds  shall  be  payable  not  more  than  thirty 
years  from  their  date,  be  sold  by  the  supervisor  for  not  less  than 
par  and  the  proceeds  thereof  shall  be  paid  into  the  county  treasury 
to  be  applied  in  payment  of  the  share  of  such  cost  which  is  to  be 
borne  by  such  town  and  the  redemption  of  any  bonds  or  certificates 
of  indebtedness  issued  by  the  county  to  pay  such  share.  The  board 
of  supervisors  shall,  from  time  to  time,  impose  upon  the  taxable 
property  of  the  town  a tax  sufficient  to  pay  the  principal  and  inter- 
est of  such  bonds  as  the  same  shall  become  due.  The  board  of 
supervisors  shall  provide  for  the  assessment,  levy  and  collection 
by  tax  of  all  or  any  part  of  the  share  of  the  cost  of  such  improve- 
ment apportioned  to  the  county  which  has  not  been  provided  for  by 
the  issuance  of  county  bonds  as  a county  charge  and  shall  also 
provide  for  the  assessment,  levy  and  collection  by  tax  of  all  or 
any  part  of  the  share  or  shares  of  the  town  or  towns  which  has 
not  been  provided  for  by  the  issuance  of  town  bonds  as  a town 
charge. 

Amended  by  L.  1909.  ch.  4S'6,  and  L.  1910,  ch.  580. 

By  an  opinion  of  the  Attorney -General  under  date  of  March  11,  1909,  it 
was  held  that  while  there  seems  to  be  a plain  authority  in  this  section 
allowing  a county  treasurer  to  borrow  temporarily  in  anticipation  of  taxes 
and  to  pledge  the  faith  and  credit  of  the  county  for  the  payment  of  the 
amount,  the  right  of  the  board  to  issue  bonds  for  such  highway  purposes  is 
extremely  doubtful,  and  the  action  of  the  board  of  supervisors  in  issuing 
bonds  under  the  county  law  for  highway  purposes  would  be  invalid. 

§ 143.  Payments  from  state  treasury. 

Repealed  by  L.  1910,  ch.  24'7. 

§ 144.  Payment  of  cost  of  state  highway. — The  entire  expense 
of  the  construction  or  improvement  of  a state  highway  shall 
be  paid  by  the  state  treasurer  upon  the  warrant  of  the  comp- 


231 


troller  issued  upon  the  requisition  of  the  commission  out  of  any 
specific  appropriation  made  available  for  the  construction  or 
improvement  of  state  highways. 

§ 145.  Abolition  of  railroad  grade  crossings. — The  commission 
shall  provide  for  and  cause  the  abolition  of  railroad  grade  cross- 
ings on  a state  or  county  highway  whenever  practicable,  in  the 
manner  provided  by  the  railroad  law.  The  portion  of  the  cost 
of  abolishing  such  grade  crossings,  which  is  payable  under  the 
railroad  law  by  the  state  and  town  or  village,  shall  be  paid  out  of 
the  funds  available  for  the  construction  or  improvement  of  such 
state  or  county  highway  as  provided  in  this  article. 

The  rights  of  a railroad  company  are  taken  and  held  subject  always  to 
the  right  of  the  proper  public  authorities  to  improve  the  highway  as  the 
public  interest  requires;  also  subject  to  the  liability  of  being  required  to 
change  its  location,  grade,  etc.,  to  conform  to  the  requirements  of  such 
public  improvement  of  the  surface  of  the  highway,  at  its  own  expense,  with- 
out recourse  in  the  way  of  damages  against  those  lawfully  engaged  in 
improving  the  highway  for  any  injury  which  may  be  done  to  the  railroad 
property,  when  no  reckless,  wanton  or  negligent  act  on  the  part  of  those 
improving  the  highway  caused  the  damage.  Such  changes  and  consequent 
injury  to  the  plaintiff’s  property  cannot  be  deemed  the  taking  of  private 
property  for  a public  use.  M.  F.  C.  & H.  P.  R.  Co.  v.  Spuyten  Duyvil  Co., 
65  Misc.  367  (1909),  121  N.  Y.  Supp.  656. 

§ 146.  Street  surface  railroads  on  highways. — No  street  surface 
railroad  shall  be  constructed  upon  any  portion  of  a state  or  county 
highway  which  has  been  or  may  be  improved  under  the  provisions 
of  this  article,  nor  shall  any  person,  firm  or  corporation  enter 
upon  or  construct  any  works  in  or  upon  any  such  highway,  ex- 
cept upon  the  approval  of,  and  under  such  conditions  and  regu- 
lations as  may  be  prescribed  by  the  commission,  notwithstanding 
any  consent  or  franchise  granted  by  the  town  superintendent  or 
municipal  authorities  of  any  town.  Any  person,  firm  or  cor- 
poration violating  this  section  shall  be  liable  to  a fine  of  one 
thousand  dollars  for  each  day  of  such  violation,  to  be  recovered 
by  the  commission  and  paid  to  the  state  treasurer  to  the 
credit  of  the  fund  for  the  maintenance  and  repair  of  state  and 
county  highways,  and  may  also  be  removed  therefrom  as  a tres- 
passer by  the  commission  upon  petition  to  the  county  court  of  the 
county  or  the  supreme  court  of  the  state. 

By  an  opinion  of  the  Attorney-General  under  date  of  June  17,  1909,  it 
was  held  that  a street  railway  company  cannot  be  compelled  by  the 
Highway  Commission  to  change  the  grade  of  its  tracks;  the  Public  Service 
Commission  has  authority  in  questions  of  this  character. 


232 


By  an  opinion  of  the  Attorney-General  under  date  of  June  30,  1909,  it 
was  held  that  an  electric  railway  has  no  claim  for  damages  against  the 
State,  county  or  town  which  may  be  sustained  by  it  on  account  of  any 
change  made  by  the  Highway  Commission  in  the  roadbed  along  a trolley 
line,  the  purpose  of  the  commission  being  solely  the  improvement  of  the 
highway  and  not  to  oust  the  trolley  company  from  its  use  thereof. 

By  an  opinion  of  the  Attorney-General  February  20,  1909,  it  was  held 
that  the  Highway  Commission  has  the  power  under  the  provisions  of  this 
section  to  make  rules  and  regulations  or  prescribe  such  conditions  as  it  may 
deem  wise  regarding  telephone  and  telegraph  companies. 

§ 147.  Where  cost  is  assessable  against  abutting  owners. — If 

fifteen  per  centum  of  the  cost  of  constructing  or  improving  a 
highway  has  been  or  may  be  assessed  upon  abutting  owners,  as 
authorized  by  section  ten  of  chapter  one  hundred  and  fifteen  of 
the  laws  of  eighteen  hundred  and  ninety-eight,  as  the  same  ex- 
isted prior  to  its  repeal  by  chapter  four  hundred  and  sixty-eight 
of  the  laws  of  nineteen  hundred  and  six,  such  highway  shall  be 
constructed  or  improved  at  the  joint  expense  of  the  state,  county 
and  town  as  provided  herein,  and  the  portion  of  the  cost  so 
assessable  upon  such  owners,  shall  be  paid  by  the  town  in  which 
such  highway  is  located,  as  provided  in  this  article. 

§ 148.  Acquisition  of  lands  for  right  of  way  and  other  purposes. 
— If  a state  or  county  highway,  proposed  to  be  constructed  or 
improved  as  provided  in  this  article,  shall  deviate  from  the  line 
of  a highway  already  existing,  the  board  of  supervisors  of  the 
county  where  such  highway  is  located,  shall  acquire  land  for  the 
requisite  right  of  way  prior  to  the  actual  commencement  of  the 
work  of  construction.  The  board  of  supervisors  may  also  acquire 
lands  for  the  purpose  of  obtaining  gravel,  stone  or  other  material, 
when  required  for  the  construction,  improvement  or  maintenance 
of  highways,  or  for  spoil  banks  together  with  a right  of  way 
to  such  spoil  banks  and  to  any  bed,  pit,  quarry,  or  other  place 
where  such  gravel,  stone  or  other  material  may  be  located. 

§ 149.  Purchase  of  lands. — The  board  of  supervisors  may,  by 
resolution,  authorize  its  chairman,  a member,  or  a committee  to 
purchase  the  lands  to  be  acquired  for  the  purposes  specified  in 
the  preceding  section.  But  the  amount  to  be  paid  under  this 
section  to  a single  owner  shall  not  exceed  the  sum  of  two  hundred 
dollars,  unless  approved  by  the  county  judge  and  county  treas- 
urer, and  in  no  case  shall  such  amount  exceed  the  sum  of  one 
thousand  dollars.  The  purchase  price  of  such  lands  shall  be  a 
county  charge,  and  shall  be  paid  in  the  same  manner  as  awards 


233 


are  paid  in  cases  where  the  proceeding's  are  taken  as  herein  re* 
quired. 

§ 150.  Petition  to  acquire  lands. — If  the  board  of  supervisors 
is  unable  to  acquire  lands  by  purchase  as  provided  for  in  the  last 
section,  the  board  may  present  to  the  county  court  of  the  county 
or  to  the  supreme  court,  at  a special  term  thereof,  to  be  held  in 
the  judicial  department  in  which  said  county  is  located,  a petition 
for  the  appointment  of  three  commissioners  of  appraisal  to  ascer- 
tain and  determine  the  compensation  to  be  paid  to  the  owners 
of  the  land  to  be  acquired  and  to  all  persons  interested  therein. 
Such  petition  shall  describe  the  land  to  be  acquired  with  a refer- 
ence to  the  map  upon  which  the  same  is  shown  which  shall  be 
annexed  to  such  petition.  A copy  of  such  map  shall  be  filed  in 
the  office  of  the  county  clerk.  Such  petition  shall  be  signed  and 
verified  in  the  name  of  the  board  of  supervisors,  by  the  chairman 
or  a member  thereof  designated  for  that  purpose  by  resolution. 
Notice  of  presentation  of  such  petition  to  such  court  shall  be 
given  by  the  petitioner  by  publishing  such  notice  in  two  news- 
papers published  in  such  county,  once  in  each  week  for  two  weeks 
successively  preceding  the  day  of  such  presentation,  and  also  by 
posting  a copy  of  said  notice  in  not  less  than  three  public  places 
in  each  town  in  which  property  to  be  acquired  is  located,  at  least 
eight  days  preceding  the  day  of  such  presentation. 

§ 151.  Commissioners  to  be  appointed. — Upon  such  presentation, 
such  court  shall,  after  hearing  any  person  owning  or  claiming 
an  interest  in  the  lands  to  be  acquired  who  may  appear,  ap- 
point three  disinterested  persons  as  commissioners.  And  in  case 
a commissioner  shall  at  any  time  decline  to  serve,  or  shall  die,  or 
for  any  cause  become  disqualified  or  disabled  from  serving  as 
such,  the  said  court,  at  a similar  special  term,  may,  upon  similar 
notice,  application  and  hearing,  and  upon  such  notice  to  the  land 
owners  as  the  court  may  prescribe,  appoint  another  person,  simil- 
arly qualified,  to  fill  the  vacancy  caused  thereby. 

§ 152.  Duties  of  commissioners. — The  said  commissioners  shall 
take  the  oath  of  office  prescribed  by  the  constitution,  which  oath 
shall  be  filed  in  the  office  of  the  county  clerk  of  the  county.  The 
commissioners  shall,  with  all  reasonable  diligence,  proceed  to  ex- 
amine such  highways  and  lands  to  be  acquired  and  may  enter 
upon  such  lands  for  such  purpose.  Said  commissioners  shall 
cause  a notice  to  be  published  in  two  such  newspapers  as  afore- 
said, once  each  week  for  two  weeks  successively  next  preceding 


234 


the  day  of  meeting  mentioned  in  such  notice,  that  at  a stated 
time  and  place  within  such  county  they  will  meet  for  the  pur- 
pose of  hearing  the  parties  claiming  an  interest  in  the  damages 
to  be  awarded  for  the  lands  to  he  taken  for  such  highways.  Said 
notice  shall  also  state  the  fact  that  a map  or  maps  showing  the 
land  to  he  acquired  has  been  filed  in  the  county  clerk’s  office.  At 
the  time  and  place  of  said  meeting  and  at  any  adjournment 
thereof  which  said  commissioners  shall  publicly  make,  they  shall 
hear  the  proofs  and  allegations  of  all  interested  parties.  They 
may  adjourn  the  proceedings  before  them  from  time  to  time,  issue 
subpoenas  or  administer  oaths  in  such  proceedings;  and  shall 
keep  minutes  of  their  proceedings  and  reduce  to  writing  all  oral 
evidence  given  before  them.  They  shall  thereafter  make  and  sign 
a report  in  writing,  in  which  they  shall  assess,  allow  and  state 
the  amount  of  damages  to  be  sustained  by  the  owners  of  the  sev- 
eral lots,  pieces  or  parcels  of  land  to  be  taken  for  the  purposes 
aforesaid.  Such  report  shall  contain  the  names  of  the  owners 
of  any  parcel  of  land  to  be  acquired  as  aforesaid,  except  that  in 
case  the  commissioners  are  unable  to  ascertain  the  names  of  such 
owners,  they  may  in  place  of  the  names  of  such  undiscovered 
parties  insert  the  words  “ unknown  owners,”  in  their  report.  The 
said  commissioners  shall  file  their  said  report,  together  with  the 
minutes  of  their  proceedings,  in  the  office  of  county  clerk  of  such 
county.  After  said  report  shall  have  been  completed  and  filed 
as  aforesaid,  the  commissioners  shall,  after  publishing  a notice 
in  like  manner  as  that  provided  in  section  one  hundred  and  fifty- 
two,  apply  to  the  county  court  of  the  county  or  to  the  supreme 
court,  at  a special  term  thereof  to  be  held  in  the  judicial  depart- 
ment in  which  said  county  is  located,  to  have  the  said  report 
confirmed.  If  no  sufficient  reason  to  the  contrary  shall  appear, 
the  court  shall  confirm  said  report.  Otherwise  it  may  refer  the 
same  back  to  the  said  commissioners  for  revision  or  correction; 
and  after  such  revision  or  correction  the  same  proceedings  shall 
be  taken  as  are  hereinbefore  provided  for,  and  the  commissioners 
shall  in  the  same  manner  make  renewed  application  for  the  con- 
firmation of  such  report,  and  the  court  shall  thereupon  confirm 
or  refer  back  the  said  report,  and  such  proceedings  shall  be  re- 
peated until  a report  shall  be  presented  which  shall  be  confirmed 
by  the  said  court. 

§ 153.  County  treasurer  to  pay  awards. — Within  six  months 
after  the  report  of  said  commissioners  shall  be  confirmed  as  afore- 


235 


said,  tke  county  treasurer  of  such  county  shall  pay  to  the  persons 
named  therein  the  amounts  awarded  to  them  for  damages  with  six 
per  centum  interest  thereon  from  the  day  of  the  confirmation  of 
said  report.  Such  amounts  with  interest  and  the  amounts  paid  in 
pursuance  of  this  article  shall  be  a county  charge  and  shall  be  paid 
by  the  county  treasurer,  in  case  of  purchase  upon  requisition  of 
the  chairman  of  the  board  of  supervisors  of  said  county,  or  by  any 
member  or  committee  thereof  designated  for  that  purpose  by  said 
board  and  in  case  of  a petition  for  the  acquisition  of  such  lands, 
upon  service  of  a certified  copy  of  the  order  confirming  such 
awards.  In  case  there  are  unknown  owners,  to  whom  the  award 
is  made  in  said  report,  the  said  county  treasurer  shall  deposit  the 
amounts  awarded  to  them  with  like  interest  in  some  trust  company 
or  bank  in  such  manner  as  the  said  court  shall  in  the  order  of  con- 
firmation direct,  such  amount  to  be  paid  out  upon  the  application 
of  said  unknown  owners  when  discovered.  From  the  date  of  the 
confirmation  of  such  report  by  the  order  of  the  said  court  the  title 
of  all  lands  therein  designated  shall  vest  in  said  county  for  the 
purposes  of  a highway  forever. 

§ 154.  Costs;  commissioners’  fees. — In  all  cases  of  assessment 
of  damages  by  commissioners  appointed  by  the  court,  the  costs 
thereof  shall  be  a county  charge  in  the  first  instance,  and  be  paid 
by  the  county  treasurer  as  hereinbefore  provided,  except  when 
reassessment  of  damages  shall  be  had  on  the  application  of  the 
party  for  'whom  damages  were  assessed,  and  such  damages  shall 
not  be  increased  on  such  reassessment,  the  costs  shall  be  paid 
by  the  party  applying  for  the  reassessment,  and  when  applica- 
tion shall  be  made  by  two  or  more  persons  for  reassessment  of 
damages  all  persons  who  may  be  liable  for  costs  under  this  sec- 
tion shall  be  liable  in  proportion  to  the  amount  of  damages  re- 
spectively assessed  to  them  by  the  first  assessment,  and  may  be 
recovered  by  action.  Each  commissioner  appointed  by  the  court 
as  provided  in  this  article  for  each  full  day  necessarily  employed 
as  such,  shall  be  entitled  to  the  sum  of  six  dollars  and  his  neces- 
sary expenses.  The  amount  of  compensation  to  which  such  com- 
missioners are  entitled  shall  be  determined  by  the  court  in  which 
the  proceeding  is  pending,  upon  verified  accounts  presented  by 
such  commissioners,  stating  in  detail  the  number  of  hours  neces- 
sarily employed  in  the  discharge  of  their  duties,  and  the  nature 
of  the  services  rendered.  The  audit  and  determination  of  the 
courts  as  to  the  amount  justly  due  shall  be  final. 


236 


§ 155.  Land  may  be  sold  or  leased;  disposition  of  proceeds. — Any 

lands  acquired  by  purchase  or  condemnation,  for  the  purpose  of 
obtaining  gravel,  stone  or  other  materials,  for  the  construction  or 
maintenance  of  highways  improved  or  constructed  as  provided  in 
this  article,  or  required  for  spoil  banks,  may  be  sold  or  leased  by 
the  board  of  supervisors  of  any  county,  when  no  longer  needed  for 
any  such  purpose.  The  proceeds  thereof  shall  be  paid  into  the 
county  treasury  and  shall  be  retained  therein  as  a separate  fund 
available  for  the  construction  or  maintenance  of  highways  im- 
proved or  constructed  under  this  article. 

§ 156.  Application  of  provisions  of  labor  law. — The  provisions 
of  section  three  of  the  labor  law,  as  amended  by  chapter  five  hun- 
dred and  six  of  the  laws  of  nineteen  hundred  and  six,  which  except 
from  the  provisions  of  that  section  labor  performed  in  the  con- 
struction, maintenance  and  repair  of  highways  outside  the  limits 
of  cities  and  villages,  shall  apply  to  the  construction,  improvement 
and  maintenance  of  state  and.  county  highways  as  provided  in  this 
chapter. 

§ 157.  Highways  and  bridges  on  Indian  reservations. — When  any 
portion  of  a county  highway  designated  for  improvement  or  con- 
struction in  a county,  as  provided  in  this  article,  is  located  on  an 
Indian  reservation,  the  entire  cost  of  the  improvement  or  construc- 
tion of  such  portion  shall  be  paid  by  the  state  in  the  same  manner 
as  the  state’s  share  of  the  cost  of  such  county  highway,  out  of  any 
specific  appropriation  made  available  for  the  construction  or  im- 
provement of*  county  highways.  The  commission  shall  have  ex- 
clusive supervision  and  control  of  all  bridges  constructed  or  to  be 
constructed  by  the  state  on  any  Indian  reservation,  and  may  make 
and  enforce  such  reasonable  rules  and  regulations  concerning  their 
use,  as  it  shall  deem  necessary. 

§ 158.  Appointment  of  reservation  superintendent. — The  com- 
mission may  appoint  a reservation  superintendent  for  the  Indian 
reservation  in  each  county  containing  such  Indian  reservation 
who  shall  exercise  the  powers  and  perform  the  duties  hereby  con- 
ferred and  imposed  upon  town  superintendents,  except  that  the 
written  statement  as  provided  for  by  section  ninety  of  the  high- 
way law  shall  be  filed  with  the  commission  on  or  before  the  thirty- 
first  day  of  October  in  each  year,  and  excepting  that  all  orders  of 
the  Indian  reservation  superintendents  shall  be  drawn  upon  and 
presented  to  the  county  treasurer  of  the  county  in  which  such 
Indian  reservation  exists  for  payment  as  hereinafter  provided. 

Added  by  L.  1910,  ch.  46. 


237 


§ 159.  Custody  of  moneys,  et  cetera. — There  shall  he  paid  by  the 
state  treasurer  to  the  county  treasurer  of  each  county  in  the  state 
containing  an  Indian  reservation  or  reservations  an  amount  which 
shall  not  be  less  than  thirty  dollars  per  mile,  based  on  the  entire 
mileage  of  the  public  highways  within  the  Indian  reservation  in 
such  county.  All  moneys  of  the  state  available  for  the  improve- 
ment, repair  and  maintenance  of  highways  and  bridges  and  for 
the  purchase  of  machinery,  tools  and  implements  within  Indian 
reservations  shall  be  paid  to  the  county  treasurer  of  each  county 
containing  such  Indian  reservation  who  shall  be  the  custodian 
thereof  and  accountable  therefor,  and  it  shall  be  expended  for  the 
repair  and  improvement  of  the  public  highways  and  bridges  and 
for  the  purchase  of  machinery,  tools  and  implements  within  such 
Indian  reservations  at  such  places  and  in  such  manner  as  may  be 
directed  by  the  commission,  and  such  moneys  shall  be  paid  out  by 
the  county  treasurer  upon  the  written  order  of  the  Indian  reser- 
vation superintendent  in  accordance  with  such  directions.  The 
county  treasurer  and  the  Indian  reservation  superintendent  shall 
keep  their  accounts  according  to  the  methods  and  use  the  blanks 
as  prescribed  by  the  commission.  All  orders  and  records  of  ac- 
counts shall  be  filed  in  the  office  of  the  commission  on  or  before 
the  thirty-first  day  of  October  in  each  year  and  shall  be  preserved 
by  the  commission  as  Indian  reservation  records-  The  reserva- 
tion superintendent  shall  receive  a per  diem  or  annual  allowance 
as  compensation  for  services  and  expenses  in  an  amount  to  be 
fixed  by  the  commission,  which  shall  be  paid  by  the  county  treas- 
urer to  the  reservation  superintendent  upon  orders  of  the  commis- 
sion. The  commission  shall  annually  cause  to  be  inspected  all  of 
the  bridges  within  Indian  reservations  of  each  county  and  shall 
require  a complete  report  of  such  inspection  which  shall  show  in 
detail  the  condition  of  the  bridges  inspected,  the  necessary  work 
to  be  performed  in  the  repair  and  maintenance  of  such  bridges 
and  the  estimated  cost  thereof.  The  commission  shall  revise  such 
estimates  and  annually  report  to  the  legislature  its  estimated  cost 
for  such  repairs  and  construction  for  the  ensuing  year  in  detail 
by  reservation  and  county.  The  maintenance,  repair  and  con- 
struction of  the  public  highways  within  the  Indian  reservations 
shall  be  under  the  direct  supervision  and  control  of  the  commis- 
sion and  they  shall  be  responsible  therefor.  There  shall  be  annu- 
ally appropriated  for  the  construction,  repair  and  maintenance 
of  such  highways  and  bridges  and  for  the  purchase  and  repair 


£38 


of  machinery,  tools  and  implements,  an  amount  sufficient  to  pro- 
vide therefor,  based  upon  the  estimates  prepared  and  submitted 
by  the  commission  to  the  legislature.  The  comptroller  upon 
requisition  of  the  commission  shall  draw  his  warrant  on  the  state 
treasurer  in  favor  of  the  county  treasurer  in  which  such  highways 
or  bridges  are  located,  or  in  which  machinery,  tools  or  implements 
are  to  be  purchased,  for  an  amount  which  shall  not  be  in  excess 
of  the  total  amount  apportioned  by  the  commision  to  the  Indian 
reservation  of  any  county.  The  moneys  so  paid  shall  be  depos- 
ited by  the  county  treasurer  of  the  county  to  the  credit  of  the  fund 
for  the  maintenance,  repair  and  contruction  of  highways  and 
bridges  and  the  purchase  and  repair  of  machinery,  tools  and  im- 
plements in  the  Indian  reservation  of  said  county. 

Added  by  L.  1910,  ch.  46. 


AETICLE  VII. 

Maintenance  of  State  and  County  Highways. 

Section  170.  Commission  to  provide  for  maintenance  and  repair. 

171.  Appropriations  by  state;  apportionment  of  moneys. 

172.  Cost  to  town  for  maintenance  of  state  and  county  highways. 

173.  Disbursement  of  maintenance  funds. 

174.  Reports  of  county  treasurer. 

175.  Compensation  of  town  superintendents. 

176.  Liability  of  state  for  damages. 

177.  Maintenance  of  state  and  county  highways  in  villages. 

178.  State  to  share  expense  of  maintaining  certain  country  roads. 

179.  Sprinkling;  removal  of  filth  and  refuse. 

§ 170.  Commission  to  provide  for  maintenance  and  repair. — The 

maintenance  and  repair  of  state  and  county  highways,  exclusive 
however  of  the  cost  of  maintaining  and  repairing  bridges  having  a 
span  of  five  feet  or  over,  shall  be  under  the  direct  supervision  and 
control  of  the  commission  and  they  shall  be  responsible  therefor. 
The  commission  shall  have  the  power 

1.  To  adopt  proper  rules  and  regulations  therefor  and  the  work 
shall  be  performed  by  the  town  or  the  district  or  county  superin- 
tendents as  therein  provided  and  in  case  the  commission  is  unable 
to  thus  secure  the  proper  performance  of  said  work  they  shall  have 
the  power  to  contract  for  any  necessary  repair  and  likewise  to  pro- 
vide for  the  due  supervision  of  said  work. 

2.  To  purchase  materials  for  such  maintenance  and  repair,  and 
contract  for  the  delivery  thereof  at  convenient  intervals  along  such 
highways. 


239 


3.  To  provide  for  a system  of  patrol  of  such  highways,  or  adopt 
such  other  system  as  may  seem  expedient  so  that  each  section  of 
such  highways  shall  he  under  constant  observation,  and  he  effect- 
ively and  economically  preserved,  maintained  and  repaired. 

By  an  opinion  of  the  Attorney-General  under  date  of  March  20,  1909,  it 
was  held  that  this  section  taken  in  connection  with  section  130  shows  very 
plainly  that  the  intention  of  the  Legislature  was  to  have  the  work  upon 
the  State  and  county  highways  done  by  the  town  or  county  superintendent 
under  rules  and  regulations  to  be  prescribed  by  the  Commission,  and  that 
if  such  work  could  not  be  satisfactorily  done  in  that  manner  then  the  work 
should  be  done  by  contract. 

Authority  of  State  Highway  Commission  to  control  motor  vehicle  races. 

Where  permission  has  been  given  by  the  proper  local  authorities  for  the  run- 
ning of  a motor  vehicle  race  under  provisions  of  section  296,  post,  the  State 
Highway  Commission  is  without  authority  to  impose  conditions  additional 
to  those  imposed  by  such  local  authorities.  The  consent  of  the  State  High- 
way Commission  has  no  right  to  promulgate  a rule  that  before  a motor 
vehicle  race  is  run  the  participants  shall  make  a deposit  with  it  of  $200  per 
mile  for  each  mile  of  road  to  be  raced  over  for  each  day  of  the  race.  Morrell 
v.  Skene,  64  Misc.  185  (1909),  119  N.  Y.  Supp.  28. 

§ 171.  Appropriations  by  state;  apportionment  of  moneys. — 

There  shall  be  annually  appropriated  for  the  maintenance  and  re- 
pair of  state  and  county  highways  an  amount  sufficient  to  pro- 
vide therefor,  based  upon  the  estimates  prepared  and  submitted 
by  the  commission  to  the  legislature  as  provided  in  section  twenty- 
one  of  this  chapter.  Not  less  than  ninety  per  centum  of  the 
amount  so  appropriated  shall  be  apportioned  by  the  commission 
each  year  among  the  counties  and  the  several  towns  therein  in 
accordance  with  the  proportion  which  the  amount  to  be  apportioned 
bears  to  the  total  amount  of  such  estimates.  The  comptroller,  upon 
the  requisition  of  the  commission,  shall  draw  his  warrant  upon  the 
state  treasurer  in  favor  of  the  county  treasurer  of  the  county  in 
which  the  state  or  county  highways  are  located,  for  an  amount 
which  shall  not  be  in  excess  of  the  total  amount  apportioned  by  the 
commission  to  all  the  towns  in  such  county.  The  moneys  so  paid 
shall  be  deposited  by  the  county  treasurer  to  the  credit  of  the  fund 
for  the  maintenance  of  state  and  county  highways  in  the  several 
towns  of  the  county.  Not  more  than  ten  per  centum  of  the  amount 
so  appropriated  each  year  may  be  reserved  by  the  commission  for 
the  repair  or  rebuilding  of  a state  or  county  highway  which  shall 
at  any  time  be  damaged  or  destroyed  by  the  elements  or  otherwise, 
which  shall  be  paid  by  the  state  treasurer  upon  the  warrant  of  the 


240 


comptroller  drawn  upon  the  requisition  of  the  commission  issued  * 

when  required  for  such  purposes. 

§ 172.  Cost  to  town  for  maintenance  of  state  and  county  high- 
ways.— Each  town  shall  pay  for  the  maintenance  and  repair  of 
state  and  county  highways  each  year  the  sum  of  fifty  dollars  for 
each  mile  or  major  fraction  of  a mile  of  the  total  mileage  of  state 
and  county  highways  within  the  town.  On  or  before  the  first  day 
of  November  in  each  year  the  commission  shall  transmit  to  the 
clerk  of  the  hoard  of  supervisors  of  each  county,  and  to  the  county 
clerk  thereof,  a statement  specifying  the  number  of  miles  of  state 
and  county  highways  in  each  town  in  such  county  and  the  amount 
which  each  of  such  towns  is  required  to  pay  into  the  county  treas- 
ury on  account  of  the  maintenance  of  state  and  county  highways. 

The  board  of  supervisors  shall  cause  the  amount  to  be  paid  by  each 
town  of  the  county  to  be  assessed,  levied  and  collected  therein  in 
the  same  manner  as  other  town  charges,  and  such  amount  when 
collected  shall  be  paid  into  the  county  treasury,  to  the  credit  of  the 
fund  for  the  maintenance  of  state  and  county  highways  in  the 
several  towns  of  the  county. 

By  an  opinion  of  the  Attorney-General  under  date  of  October  29,  1909, 
it  was  held  that  the  city  of  Oneida  may  be  required  by  the  Highway  Com- 
mission to  raise  $50  per  mile  for  highways  improved  by  State  aid  within 
the  city  limits,  but  outside  the  corporation  tax  district. 

By  an  opinion  of  the  Attorney-General  under  date  of  February  27,  1909, 
it  was  held  that  in  those  towns  where  town  boards  of  auditors  are  elected 
the  auditing  of  accounts  against  the  town  growing  out  of  highway  work 
should  be  done  by  the  town  board  of  auditors. 

By  an  opinion  of  the  Attorney -General  under  date  of  April  22,  1909,  it 
was  held  that  the  Highway  Commission  may  mandamus  a board  of  super- 
visors to  compel  it  to  raise  money  for  the  maintenance  of  county  highways. 

§ 173.  Disbursement  of  maintenance  funds. — The  amount  appor- 
tioned by  the  commission  for  the  maintenance  and  repair  of  state 
and  county  highways  in  each  town  together  with  the  amount  paid 
by  each  town  therefor  shall  be  expended  for  the  repair  and  main- 
tenance of  such  highways  in  such  town.  The  county  treasurer  shall 
pay  out  the  moneys  received  by  him  as  provided  in  this  article 
upon  the  written  order  of  the  commission.  Such  order  shall  be 
issued  upon  vouchers  duly  presented  to  the  commission  in  the  form 
to  be  prescribed  by  them.  The  commission  may  adopt  rules  and 
regulations  providing  for  the  presentation  and  payment  of  accounts 
for  maintenance  and  repair. 

§ 174.  Reports  of  county  treasurer. — The  county  treasurer  shall 
report  to  the  commission  monthly  or  oftener,  if  required  by  the 


241 


commission,  the  amount  received  by  him  on  account  of  the  main- 
tenance and  repair  of  state  and  county  highways  in  the  several 
towns  in  his  county  and  the  expenditures  made  by  him  out  of  such 
moneys.  The  form  and  contents  of  such  report  shall  be  prescribed 
by  the  commission. 

§ 175.  Compensation  of  town  superintendents. — If  a town  super- 
intendent shall  be  directed  by  the  commission  to  perform  ser- 
vices in  respect  to  the  maintenance  and  repair  of  state  and  county 
highways  within  his  town  his  compensation  therefor  shall  be  paid 
out  of  the  moneys  set  apart  as  provided  in  this  article  for  such 
maintenance  and  repair.  Such  compensation  shall  be  fixed  by 
the  commission  but  shall  in  no  case  exceed  the  amount  fixed  by 
the  town  board  as  compensation  for  his  services  performed  for  the 
town  under  this  chapter,  and  in  rendering  his  monthly  bill  to 
the  supervisor,  and  his  annual  bill  to  the  town  board,  no  charge 
shall  be  made  against  the  town  for  an  expense  or  per  diem  charge 
upon  any  date  for  which  an  audit  shall  have  been  allowed  by 
the  state  commission.  And  said  state  commission  shall  make 
proper  rules  and  regulations  to  carry  into  effect  this  provision 
and  to  furnish  to  the  town  board  prior  to  the  annual  audit  day 
due  information  as  to  the  dates,  compensation  and  expenses 
allowed  by  them  to  said  town  superintendent  from  the  state  repair 
fund. 

§ 176.  Liability  of  state  for  damages. — The  state  shall  not  be 

liable  for  damages  suffered  by  any  person  from  defects  in  state 
and  county  highways,  except  such  highways  as  are  maintained  by 
the  state  by  the  patrol  system,  but  the  liability  for  such  damages 
shall  otherwise  remain  as  now  provided  by  law,  notwithstanding 
the  construction  or  improvement  and  maintenance  of  such  high- 
ways by  the  state  under  this  chapter ; but  nothing  herein  contained 
shall  be  construed  to  impose  on  the  state  any  liability  for  defects 
in  bridges  over  which  the  state  has  no  control. 

Amended  by  L.  1910,  ch.  570. 

§ 177.  Maintenance  of  state  and  county  highways  in  villages. — 

Any  portion  of  a state  or  county  highway  constructed  or  improved 
within  the  limits  of  an  incorporated  village,  as  provided  in  this 
chapter,  shall  be  maintained  and  kept  in  repair  by  the  board  of 
trustees  at  the  expense  of  the  village  in  accordance  with  the  rules 
and  regulations  of  the  commission  under  the  supervision  and 
direction  of  the  district  or  county  superintendent. 

16 


242 


§ 178.  State  to  share  expense  of  maintaining  county  roads. — 

Whenever  any  county  has  constructed,  maintained  or  improved, 
or  shall  hereafter  construct,  maintain  or  improve,  under  a general 
or  special  law,  a county  road  or  roads,  as  defined  in 
subdivision  three  of  section  three,  without  expense  to  the 
state,  the  state  shall  be  liable  to  annually  contribute 
toward  the  expense  of  maintaining  such  road  or  roads 
fifty  per  centum  of  the  amount  appropriated  by  such 
county  for  the  maintenance  of  such  road  or  roads  during  the 
preceding  year,  unless  provision  be  otherwise  made  for  such  main- 
tenance as  provided  in  this  section.  The  clerk  of  the  board  of 
supervisors  of  a county  entitled  to  a contribution  from  the  state 
toward  the  maintenance  of  its  roads  under  this  section  shall 
annually,  on  or  before  the  first  day  of  January,  transmit  to  the 
state  comptroller  a statement  certified  by  him  and  signed  and  veri- 
fied by  the  chairman  of  such  board,  stating  the  amount  appro- 
priated by  the  board  of  supervisors  of  such  county  for  the  main- 
tenance of  such  county  road  or  roads  during  the  preceding  year. 
The  comptroller  shall  draw  his  warrant  upon  the  state  treasurer 
in  favor  of  the  treasurer  of  such  county,  for  an  amount  equal  to 
fifty  per  centum  of  the  amount  so  appropriated.  Such  money 
shall  be  applicable  to  the  repair  and  permanent  improvement  of 
such  county  road  or  roads,  and  shall  be  expended  in  the  same 
manner  as  money  appropriated  by  the  county  for  such  purpose. 
The  sum  paid  by  the  state  to  any  county  by  virtue  of  this  section 
shall  not  exceed,  in  any  one  year,  one-tenth  of  one  per  centum  of 
the  taxable  property  of  such  county. 

Amended  by  L.  1910,  chs.  165  and  567. 

By  an  opinion  of  the  Attorney-General  under  date  of  April  28,  1909,  it 
was  held  that  the  Highway  Commission  should  prescribe  rules  and  regula- 
tions for  the  improvement  and  repair  of  county  roads;  that  they  should 
require  a uniform  system  of  accounting  and  see  that  all  State  money  is 
honestly  and  judiciously  expended. 

§ 179.  Sprinkling;  removal  of  filth  and  refuse. — Upon  petition 
signed  by  a majority  of  the  taxpayers  owning  property  abutting 
upon  an  improved  state  or  county  highway  and  filed  with  the 
town  clerk,  the  town  board  may  set  aside  any  section  of  such 
highway  outside  of  a village  and  contract  for  the  sprinkling 
of  the  roadbed  with  water  and  also  contract  for  the  removal  of 
filth  and  refuse  therefrom.  ~No  such  contract  shall  be  entered 
into  unless  previously  approved  by  the  county  superintendent. 
The  amount  of  any  such  contract  so  entered  into  shall  be  assessed 


243 


upon  the  property  abutting  upon  such  section  in  the  proportion 
which  the  frontage  of  each  parcel  thereof  bears  to  the  length  of 
the  section  exclusive  of  intersecting  highways.  Such  assessment 
shall  be  made,  levied  and  collected  in  the  same  general  manner, 
and  at  the  same  time  and  by  the  same  officers  as  the  town  taxes 
of  said  town  are  assessed,  levied  and  collected. 

ARTICLE  VIII. 

Laying  Out,  Altering  and  Discontinuing  Highways ; 
Private  Roads. 

Section  190.  Survey  for  the  laying  out  of  a highway. 

191.  Highways  by  dedication. 

192.  Application. 

193.  Application  for  condemnation  commissioners. 

194.  Appointment  of  condemnation  commissioners  and  their  duties. 

195.  Notice  of  meeting. 

196.  Decision  of  condemnation  commissioners  in  favor  of  application. 

197.  Damages  in  certain  cases,  how  estimated. 

198.  Decision  of  condemnation  commissioners  denying  application. 

199.  Motion  to  confirm,  vacate  or  modify. 

200.  Limitations  upon  laying  out  highways. 

201.  Laying  out  highways  through  burying-grounds. 

202.  Costs,  by  whom  paid. 

203.  Damages  assessed  and  costs  to  be  audited. 

204.  When  officers  of  different  towns  disagree  about  highway. 

205.  Difference  about  improvements. 

206.  Highway  in  two  or  more  towns. 

207.  Laying  out,  dividing  and  maintaining  highway  upon  town  line. 

208.  Final  determination,  how  carried  out. 

209.  Highways  by  use. 

210.  Fences  to  be  removed. 

211.  Private  road. 

212.  Jury  to  determine  necessity  and  assess  damages. 

213.  Copy  application  and  notice  delivered  to  applicant. 

214.  Copy  and  notice  to  be  served. 

215.  List  of  jurors. 

216.  Names  struck  off. 

217.  Place  of  meeting. 

218.  Jury  to  determine  and  assess  damages. 

219.  Their  verdict. 

220.  Value  of  highway  discontinued. 

221.  Papers  to  be  recorded  in  town  clerk’s  office. 

222.  Damages  to  be  paid  before  opening  the  road. 

223.  Fees  of  officers. 

224.  Motion  to  confirm,  vacate  or  modify. 

225.  Costs  of  new  hearing. 

226.  For  what  purpose  private  road  to  be  used. 


244 


Section  227.  Highways  or  roads  along  division  lines. 

228.  Adjournments. 

229.  Widening  roads,  petition. 

230.  Powers  and  duties  of  commissioners. 

231.  Notice  of  decision  to  supervisors. 

232.  Widening,  how  constructed. 

233.  Actions  to  compel  widening,  how  affected  by  petition. 

234.  Highways  abandoned. 

235.  Highways  in  lands  acquired  by  the  United  States,  for  fortifi- 

cation purposes,  deemed  abandoned. 

236.  Discontinuance  of  highway. 

237.  Description  to  be  recorded. 

238.  Damages  caused  by  discontinuance. 

239.  Papers,  where  filed. 

240.  Costs  of  motion. 

§ 190.  Survey  for  the  laying  out  of  a highway. — Whenever  the 
town  superintendent  shall  lay  out  any  highway,  either  upon  ap- 
plication to  him  or  otherwise,  he  shall  notify  the  district  or 
county  superintendent,  whose  duty  it  shall  be  to  either  make  a 
survey,  or  cause  the  same  to  be  made,  and  the  town  superintendent 
shall  incorporate  the  survey  in  an  order  to  be  signed  by  him,  and 
to  be  filed  and  recorded  in  the.  office  of  the  town  clerk,  who  shall 
note  the  time  of  recording  the  same. 

§ 191.  Highways  by  dedication. — Whenever  land  is  dedicated 
to  a town  for  highway  purposes  therein,  the  town  superintendent 
may  with  the  consent  of  the  town  board,  either  with  or  without 
a written  application  therefor,  and  without  expense  to  the  town, 
make  an  order  laying  out  such  highway,  upon  filing  and  recording 
in  the  town  clerk’s  office  with  such  order  a release  of  the  land 
from  the  owner  thereof.  A highway  so  laid  out  must  not  be  less 
than  two  rods  in  width.  Section  two  hundred  does  not  apply  to  a 
highway  by  dedication.  Such  town  superintendent  may  also,  upon 
written  application  and  with  the  written  consent  of  the  town 
board,  make  an  order  laying  out  or  altering  a highway,  or  dis- 
continuing a highway,  which  has  become  useless  since  it  was  laid 
out,  upon  filing  and  recording  in  the  town  clerk’s  office,  with  such 
application,  consent  and  order,  a release  from  all  damages  from 
the  owners  of  lands  taken  or  affected  thereby,  when  the  considera- 
tion for  such  release,  as  agreed  upon  between  such  town  super- 
intendent, and  owner  or  owners,  shall  not  in  any  one  case,  from 
any  one  claimant,  exceed  one  hundred  dollars,  and  from  all 
claimants  five  hundred  dollars.  An  order  of  the  town  superin- 
tendent, as  herein  provided,  shall  be  final. 


245 


§ 192.  Application. — Any  person  or  corporation  assessable  for 
highway  taxes  may  make  written  application  to  the  town  superin- 
tendent of  the  town  in  which  he  or  it  shall  reside,  or  is  assessable, 
to  alter  or  discontinue  a highway,  or  to  lay  out  a new  highway. 

§ 193.  Application  for  condemnation  commissioners. — Whenever 
the  land  is  not  dedicated  to  the  town  for  highway  purposes,  and 
not  released  as  herein  provided,  the  applicant  shall,  within  thirty 
days  after  presenting  the  application  to  the  town  superin- 
tendent, and  after  at  least  five  days’  notice  to  said  town  superin- 
tendent of  the  time  and  place  of  the  application  to  the  county 
court,  in  this  section  provided  for,  by  verified  petition  showing  the 
applicant’s  right  to  so  present  the  same,  and  that  such  application 
has  been  in  good  faith  presented,  and  if  the  county  judge  require 
on  such  notice  to  such  parties  interested  as  he  shall  direct,  apply 
to  the  county  court  of  the  county  where  such  highway  shall  be, 
for  the  appointment  of  three  commissioners  to  determine  upon 
the  necessity  of  such  highway  proposed  to  be  laid  out  or  altered, 
or  to  the  uselessness  of  the  highway  proposed  to  be  discontinued 
and  to  assess  the  damages  by  reason  of  laying  out,  opening,  alter- 
ing or  discontinuing  such  highway.  Such  application  shall  be  ac- 
companied by  the  written  undertaking  of  the  applicant  executed 
by  one  or  more  sureties,  approved  by  the  county  judge,  to  the 
effect  that  if  the  commissioners  appointed  determine  that  the  pro- 
posed highway  or  alteration  is  not  necessary  or  that  the  highway 
proposed  to  be  discontinued  is  not  useless,  the  sureties  will  pay 
to  the  commissioners  their  compensation  at  the  rate  of  four  dol- 
lars for  each  day  necessarily  spent  and  all  costs  and  expenses 
necessarily  incurred  in  the  performance  of  their  duties,  which 
amount  shall  not  exceed  the  sum  of  one  hundred  dollars.  When- 
ever the  town  superintendent  of  highways  of  any  township  shall 
determine  that  public  necessity  requires  the  laying  out  of  a new  or 
additional  highway,  and  the  land  therefor  cannot  be  obtained  by 
the  dedication  of  the  owners  thereof,  he  may  apply  to  the  town 
board  of  his  town  for  permission  to  institute  a proceeding  to  aC’ 
quire  so  much  land  as  may  be  necessary  to  lay  out  such  new  or 
additional  highway,  and  when  such  consent  shall  have  been  given 
by  the  town  board  of  such  town,  the  said  town  superintendent  of 
highways  may  apply  to  the  county  court  of  the  county  in  which 
such  proposed  highway  is  situated,  for  the  appointment  of  com- 
missioners in  like  manner  as  is  provided  by  this  section  where 
such  application  is  made  by  any  person  or  corporation  assessable 
for  highway  taxes,  except  that  when  such  application  shall  be 


246 


made  by  the  town  superintendent  of  highways,  that  at  least  five 
days’  notice  of  the  time  and  place  of  the  application  shall  be  given 
to  the  owners  of  the  lands  sought  to  be  acquired,  providing  such 
owners  can  be  ascertained  by  such  town  superintendent,  or  if  the 
owners  thereof  are  not  known  to  the  town  superintendent,  by  the 
serving  of  a*  copy  of  the  notice  of  such  application  upon  the  occu- 
pants of  said  premises.  When  such  application  is  made  by  the 
town  superintendent  of  highways,  no  undertaking  shall  be  re- 
quired of  the  applicant. 

Amended  by  L.  1910,  ch.  344. 

§ 194.  Appointment  of  condemnation  commissioners,  and  their 
duties — Upon  the  presentation  of  such  petition,  the  county  court 
must  appoint  three  disinterested  freeholders,  who  shall  not  be 
named  by  any  person  interested  in  the  proceedings,  who  shall  be 
residents  of  the  county,  but  not  of  the  town  wherein  the  highway 
is  located,  and  who  shall  not  be  related  by  consanguinity  or 
affinity  within  the  sixth  degree  to  the  applicant  or  to  any  person 
interested  in  the  proceeding  or  to  the  owner  of  any  lands  to  be 
taken  or  affected  by  the  laying  out,  alteration  or  discontinuance  of 
a highway,  as  commissioners  to  determine  the  questions  mentioned 
in  the  last  section.  They  shall  take  the  constitutional  oath  of 
office,  and  appoint  a time  and  place  at  which  they  shall  all  meet 
to  hear  the  town  superintendent  and  supervisor  of  the  town 
where  such  highway  is  situated,  and  others  interested  therein. 
They  shall  personally  examine  the  highway  described  in  the 
application,  hear  any  reasons  that  may  be  offered  for  or  against 
the  laying  out,  altering  or  discontinuing  of  the  highway,  and 
assess  all  damages  by  reason  thereof.  They  may  adjourn  the  pro- 
ceedings before  them  from  time  to  time,  issue  subpoenas  and  ad- 
minister oaths  in  such  proceedings,  and  they  shall  keep  minutes 
of  their  proceedings,  and  shall  reduce  to  writing  all  oral  evidence 
given  before  them  upon  the  subject  of  the  assessment  of  damages. 
They  shall  make  duplicate  certificates  of  their  decision,  and  shall 
file  one  in  the  town  clerk’s  office  of  the  town,  and  the  other,  with 
such  minutes  and  evidence,  in  the  county  clerk’s  office  of  the 
county  in  which  the  highway  or  proposed  highway  is  located. 

§ 195.  Notice  of  meeting. — The  applicant  shall  cause,  at  least 
eight  days  previous,  written  or  printed  notice  to  be  posted  up  in 
not  less  than  three  public  places  in  the  town  specifying,  as  near 
as  may  be,  the  highway  proposed  to  be  laid  out,  altered  or  dis- 
continued, the  tracts  or  parcels  of  land  through  which  it  runs, 


247 


and  the  time  and  place  of  the  meeting  of  the  commissioners  ap- 
pointed by  the  county  court  to  examine  the  highway  as  mentioned 
in  the  last  section.  Such  notice  shall  also,  in  like  time,  be  person- 
ally served  on  the  owner  and  occupant  of  the  land,  if  they  reside 
in  the  town,  or  by  leaving  the  same  at  their  residence  with  a per- 
son of  mature  age ; if  they  do  not  reside  in  the  same  town,  or  ser- 
vice cannot  be  made,  a copy  of  such  notice  shall  be  mailed  to  such 
owner  and  occupant,  if  their  post-office  address  is  known  to  the 
applicant  or  ascertainable  by  him  upon  reasonable  inquiry. 

§ 196.  Decision  of  condemnation  commissioners  in  favor  of  appli- 
cation.— If  a majority  of  the  commissioners  appointed  by  the 
county  court  shall  determine  that  the  highway  or  alteration  ap- 
plied for  is  necessary,  or  that  the  highway  proposed  to  be  dis- 
continued is  useless,  they  shall  assess  all  damages  which  may  be 
required  to  be  assessed  by  reason  thereof  and  make  duplicate  cer- 
tificates to  that  effect.  If  the  petition  is  for  the  laying  out  of  a 
highway,  the  commissioners  shall  also  include  in  their  certificates 
what  the  probable  cost  would  be  of  laying  out  and  completing  the 
proposed  highway,  in  their  opinion,  based  upon  the  evidence  given 
before  them  on  the  hearings. 

§ 197.  Damages  in  certain  cases;  how  estimated. — The  owner  of 
lands  within  the  bounds  of  a highway  discontinued  may  enclose 
the  same  and  have  the  exclusive  use  thereof,  and  the  benefits  re- 
sulting therefrom  may  be  deducted  in  the  assessment  of  damages 
caused  by  the  laying  out  of  a highway  through  his  other  lands  in 
place  of  the  discontinued  highway. 

§ 198.  Decision  of  condemnation  commissioners  denying  appli- 
cation— If  a majority  of  the  commissioners  appointed  by  the 
county  court  shall  determine  that  the  proposed  highway  or  altera- 
tion is  not  necessary,  or  that  the  highway  proposed  to  be  discon- 
tinued is  not  useless,  they  shall  make  duplicate  certificates  to 
that  effect.  The  costs  and  expenses  necessarily  incurred  by  such 
commissioners  in  the  proceedings  shall  be  indorsed  upon  such 
duplicate  certificates,  and  upon  a confirmation  of  such  decision 
and  of  the  amount  of  such  costs  and  expenses  by  the  county  court, 
such  costs  and  expenses  not  exceeding  one  hundred  dollars  shall 
be  payable  by  the  applicants. 

§ 199.  Motion  to  confirm,  vacate  or  modify. — Within  thirty  days 
after  the  decision  of  the  commissioners  shall  have  been  filed  in 
the  town  clerk’s  office,  any  person  interested  in  the  proceeding 
may  apply  to  the  court  appointing  the  commissioners  for  an  order 
confirming,  vacating  or  modifying  their  decision,  and  such  court 


248 


may  confirm,  vacate  or  modify  such  decision.  If  the  decision  he 
vacated,  the  court  may  order  another  hearing  of  the  matter  before 
the  same  or  other  commissioners.  If  no  such  motion  is  made,  the 
decision  of  the  commissioners  shall  he  deemed  final.  Such  motion 
shall  he  brought  on  upon  the  service  of  papers  upon  adverse  par- 
ties in  the  proceeding,  according  to  the  usual  practice  of  the  court 
in  actions  and  special  proceedings,  pending  therein;  and  the  de- 
cision of  the  county  court  shall  he  final,  excepting  that  a new  hear- 
ing may  be  ordered  as  herein  provided,  and  excepting  that  any  such 
decision  may  he  reviewed  on  appeal  upon  questions  affecting 
jurisdiction,  and  rulings  and  exceptions  made  and  taken  upon  the 
hearing  before  the  commissioners.  If  the  final  decision  be  ad- 
verse to  the  applicant,  no  other  application  for  laying  out,  altering 
or  discontinuing  the  same  highway  shall  be  made  within  two  years. 

§ 200.  Limitations  upon  laying  out  highways. — Ho  highways 
shall  be  laid  out  less  than  three  rods  in  width,  nor  through  an 
orchard  of  the  growth  of  four  years  or  more,  or  any  garden  culti- 
vated as  such  for  four  years  or  more,  or  grape  vineyards  of  one  or 
more  years’  growth,  and  used  in  good  faith  for  vineyard  purposes, 
or  buildings  or  any  fixtures  or  erections  for  the  purposes  of  trade 
or  manufactures,  or  any  yard  or  enclosure  necessary  to  the  use  and 
enjoyment  thereof,  without  the  consent  of  the  owner  or  owners 
thereof,  unless  so  ordered  by  the  county  court  of  the  county  in 
which  the  proposed  highway  is  situated ; such  order  shall  be  made 
on  the  certificate  of  the  town  superintendent  of  the  town  or  towns 
in  which  the  proposed  highway  is  situated,  showing  that  the  public 
interest  will  be  greatly  promoted  by  the  laying  out  and  opening 
of  such  highway,  and  that  commissioners  appointed  by  the  court 
have  certified  that  it  is  necessary;  a copy  of  the  certificate  with 
eight  days’  notice  of  the  time  and  place  of  the  hearing  before  the 
county  court  shall  be  served  on  the  owners  of  the  land,  or  if  they 
are  not  residents  of  the  county  upon  the  occupants;  the  county 
court  upon  such  certificates,  and  the  proofs  and  other  proceedings 
therein,  may  order  the  highway  to  be  laid  out  and  opened,  if  it 
deems  it  necessary  and  proper.  The  town  superintendent  shall 
then  present  the  order  of  the  county  court,  with  the  certificate  and 
proofs  upon  which  it  was  granted,  certified  by  such  court,  to  the 
appellate  division  of  the  supreme  court  in  the  judicial  department 
in  which  the  land  is  situated  upon  the  usual  notice  of  motion, 
served  upon  the  owner  or  occupant,  or  the  attorney  who  appeared 
for  them  in  the  county  court.  If  such  appellate  division  of  the 
supreme  court  shall  confirm  the  order  of  the  county  court,  the 


249 


town  superintendent  shall  then  lay  out  and  open  such  highway 
as  in  other  cases.  The  provisions  of  this  section  shall  not  apply 
to  vineyards  planted  or  to  buildings,  fixtures,  erections,  yards  or 
enclosures  made  or  placed  on  such  land  after  an  application  for 
the  laying  out  and  opening  the  highway  shall  have  been  made.  In 
case  the  highway  to  be  laid  out  shall  constitute  an  extension  or 
continuation  of  a public  highway  already  in  use,  and  shall  not,  as 
to  such  new  portion,  exceed  half  a mile  in  length,  the  town  super- 
intendent may  lay  out  such  extension  or  continuation  of  a width 
of  not  less  than  three  rods,  provided,  however,  that  it  be  not  less 
than  the  widest  part  of  the  highway  of  which  it  is  an  extension  or 
continuation.  In  such  case  the  town  superintendent  shall  specify 
in  his  certificate  the  precise  width  of  the  new  portion  of  such 
highway,  and  shall  certify  that  such  width  is  as  great  at  least  as 
the  widest  part  of  the  highway  of  which  it  is  a continuation  or 
extension.  No  highway  shall  be  laid  out  which  shall  be  identical 
or  substantially  so  with  a highway  previously  discontinued  or 
abandoned  for  public  purposes  within  seven  years  of  such  discon- 
tinuance or  abandonment,  in  counties  adjoining  cities  with  up- 
ward of  one  million  inhabitants. 

§ 201.  laying  out  highways  through  burying-grounds. — No  pri- 
vate road  or  highway  shall  be  laid  out  or  constructed  upon  or 
through  any  burying-ground,  unless  the  remains  therein  contained 
are  first  carefully  removed,  and  properly  reinterred  in  some  other 
burying-ground,  at  the  expense  of  the  persons  desiring  such  road 
or  highway,  and  pursuant  to  an  order  of  the  county  court  of  the 
county  in  which  the  same  is  situated,  obtained  upon  notice  to  such 
persons  as  the  court  may  direct. 

§ 202.  Costs;  by  whom  paid. — In  all  cases  of  assessments  of 
damages  by  commissioners  appointed  by  the  county  court,  the  costs 
thereof  shall  be  paid  by  the  town  thereof,  except  that  when  reas- 
sessment of  damages  shall  be  had  on  the  application  of  the  party 
for  whom  the  damages  were  assessed,  and  such  damages  shall  not 
be  increased  on  such  reassessment,  the  costs  shall  be  paid  by  the 
party  applying  for  the  reassessment;  and  when  application  shall 
be  made  by  two  or  more  persons  for  the  reassessment  of  damages, 
all  persons  who  may  be  liable  for  costs  under  this  section  shall  be 
liable  in  proportion  to  the  amount  of  damages  respectively  as- 
sessed to  the  first  assessment,  and  may  be  recovered  by  action  in 
favor  of  any  person  entitled  to  the  same.  Each  commissioner  ap- 
pointed by  the  court,  for  each  day  necessarily  employed  as  such, 
shall  be  entitled  to  four  dollars  and  his  necessary  expenses. 


250 


§ 203.  Damages  assessed,  and  costs  to  be  audited All  damages  * 

to  be  agreed  upon,  or  which  may  be  finally  assessed,  and  costs 
against  the  town,  as  herein  provided,  shall  be  laid  before  the  board 
of  town  auditors,  or  in  towns  not  having  a board  of  town  auditors, 
before  the  town  board,  to  be  audited  with  the  charges  of  the  com- 
missioners, justices,  surveyors  or  other  persons  or  officers  em- 
ployed in  making  the  assessment,  and  for  whose  services  the  town 
shall  be  liable,  and  the  amount  shall  be  placed  upon  the  town  ab- 
stract and  levied  and  collected  in  the  town  in  which  the  highway 
is  situated,  and  the  money  so  collected  shall  be  paid  to  the  super- 
visor of  such  town,  who  shall  pay  to  the  owner  the  sum  assessed 
to  him,  and  appropriate  the  residue  to  satisfy  the  charges  afore- 
said. 

§ 204.  When  officers  of  different  towns  disagree  about  highway. 

— When  the  town  superintendent  of  any  town  or  officers  of  any 
village  or  city  having  the  powers  of  town  superintendents  shall 
differ  with  the  town  superintendent  or  superintendents  of  any 
other  town  or  with  the  officers  of  such  a village  or  city  having  the 
powers  of  town  superintendents  in  the  same  county,  relating  to  the 
laying  out  of  a new  highway  or  altering  an  old  highway,  extend- 
ing into  both  towns,  or  a town  and  a village  or  city,  or  upon  the 
boundary  line  between  such  towns  or  such  town  and  a village  or 
city,  or  when  the  town  superintendent  of  a town  in  one  county 
shall  differ  with  the  town  superintendent  of  a town  or  the  officers 
of  a village  or  city  having  the  powers  of  town  superintendents  in 
another  county,  relating  to  the  laying  out  of  a new  highway,  or 
the  altering  of  the  old  highway,  which  shall  extend  into  both 
counties,  or  be  upon  the  boundary  line  between  such  counties,  the 
town  superintendents  of  both  towns  or  the  officers  of  the  village  or 
city  having  such  powers  shall  meet  on  a five  days’  written  notice, 
specifying  the  time  and  place,  within  some  one  of  such  towns,  vil- 
lages or  cities,  given  by  either  of  such  town  superintendents,  or 
officers  having  powers  of  town  superintendents,  to  make  their  de- 
termination in  writing,  upon  the  subject  of  their  differences.  If 
they  cannot  agree,  they  or  either  of  them  may  certify  the  fact  of 
their  disagreement  to  the  county  court  of  that  county,  if  the  pro- 
posed highway  is  all  in  one  county,  or  if  in  different  counties,  or 
if  the  county  judge  is  disqualified  or  unable  to  act,  to  the  su- 
preme court;  such  court  shall  thereupon  appoint  three  commis- 
sioners, freeholders  of  the  county,  not  residents  of  the  same  town, 
village  or  city,  where  the  highway  is  located;  or  if  between  two 
counties,  then  freeholders  of  another  county,  who  shall  take  the 


251 


constitutional  oath  of  office,  and  upon  due  notice  to  all  persons 
interested  view  the  proposed  highway,  or  proposed  alteration  of  a 
highway,  administer  all  necessary  oaths,  and  take  such  evidence 
as  they  deem  proper,  and  shall  decide  all  questions  that  shall  arise 
on  the  hearing,  as  to  the  laying  out  or  altering  of  such  highway, 
its  location,  width,  grade  and  character  of  roadbed,  or  any  point 
that  may  arise  relating  thereto;  and  if  they  decide  to  open  or 
alter  any  highway,  they  shall  ascertain  and  appraise  the  dam- 
ages, if  any,  to  the  individual  owners  and  occupants  of  the  land 
through  which  such  new  or  altered  highway  is  proposed  to  pass, 
and  shall  report  such  evidence  and  decision  to  such  court,  with 
their  assessment  of  damages,  if  any,  with  all  convenient  speed. 
On  the  coming  in  of  such  report,  the  court  may,  by  order,  confirm, 
modify  or  set  aside  the  report  in  whole  or  in  part  and  may  order 
a new  appraisal  by  the  same  or  by  other  commissioners,  and  shall 
decide  all  questions  that  may  arise  before  it.  And  all  orders  and 
decisions  in  the  matter  shall  be  filed  in  the  county  clerk’s  office 
of  each  county  where  the  highway  is  located,  and  shall  be  duly 
recorded  therein.  This  section  shall  not  be  so  construed  as  to 
compel  any  town  or  towns  to  construct,  repair  or  maintain  a 
bridge  upon  a boundary  between  towns,  where  previous  to  May 
seventh,  nineteen  hundred  and  three,  an  application  had  been 
made  to  any  court,  to  compel  the  construction,  repair  and  mainte- 
nance of  a bridge  upon  such  a boundary  line,  and  such  application 
had  been  denied. 

§ 205.  Difference  about  improvements. — When  the  town  super- 
intendent or  the  officers  of  a village  or  city  having  the  powers  of 
town  superintendents  therein,  shall  desire  to  make  a new  or  al- 
tered highway  extending  beyond  the  bounds  of  such  town,  village 
or  city,  a better  highway  than  is  usually  made  for  a common  high- 
way, with  a special  grade  or  roadbed,  drainage  or  improved  plan, 
and  are  willing  to  bear  the  whole  or  a part  of  the  expense  thereof 
beyond  such  bounds,  but  cannot  agree  in  regard  to  the  same,  upon 
written  application  of  either  of  the  superintendents  or  officers  and 
notice  to  all  parties  interested,  such  court  shall  make  an  equitable 
adjustment  of  the  matters,  and  may  direct  that  in  consideration 
of  the  payment  of  such  portion  of  the  additional  expense  by  the 
town,  village  or  city  that  desires  the  improved  and  better  highway, 
as  shall  be  equitable,  its  officers,  contractors,  servants  and  agents 
may  go  into  such  town,  village  or  city,  and  make  the  grade  and 
roadbed,  and  do  whatever  may  be  necessary  and  proper  for  the 
completion  of  such  better  highway,  advancing  the  money  to  do  it ; 


252 


the  amount  of  damages  to  each  owner  or  occupant  shall  be  ascer- 
tained and  determined  by  commissioners,  who  shall  be  appointed, 
and  whose  proceedings  shall  be  conducted  in  the  manner  provided 
by  the  last  preceding  section;  and  upon  the  coming  in  of  their 
report  of  damages,  and  of  the  expenses  paid,  such  court  shall,  on 
notice  to  all  parties  interested,  direct  that  the  amount  of  damages 
assessed  each  owner  or  occupant,  if  any,  and  all  such  expenses  be 
paid  by  each,  any  or  all  of  such  towns,  villages  or  cities  as  shall  be 
just  and  equitable,  and  the  damages  and  expenses  assessed  and 
allowed,  as  in  this  and  the  last  preceding  sections,  shall  be  paid 
and  collected  as  if  fixed  by  the  town  superintendents  of  the  towns, 
or  the  officers  of  such  villages  or  cities  having  the  powers  of  such 
superintendents.  Every  commissioner  appointed  as  herein  pro- 
vided shall  be  paid  six  dollars  for  each  day  actually  and  neces- 
sarily employed  in  such  service  and  necessary  expenses. 

§ 206.  Highway  in  two  or  more  towns. — When  application  is 
made  to  lay  out,  alter  or  discontinue  a highway  located  in  two 
or  more  towns,  all  notices  or  proceedings  required  to  be  served 
upon  the  town  superintendents  shall  be  served  upon  the  town 
superintendent  of  each  town;  and  the  commissioners  appointed 
by  the  court  shall  determine  the  amount  of  damages  to  be  paid 
by  each  town,  and  when  the  towns  are  in  different  counties,  the 
application  for  the  appointment  of  commissioners  shall  be  made 
to  a special  term  of  the  supreme  court  held  in  the  district  where 
the  highway  or  some  part  of  it  is  located;  and  the  same  proceed- 
ings shall  thereafter  be  had  in  the  supreme  court  of  such  district 
as  are  authorized  by  this  chapter  to  be  had  in  the  county  court. 

§ 207.  laying  out,  dividing  and  maintaining  highway  upon  town 
line. — An  application  to  lay  out  a highway  upon  the  line  between 
two  or  more  towns  shall  be  made  to  the  town  superintendents 
of  each  town,  who  shall  act  together  in  the  matter;  and,  upon 
laying  out  any  such  highway,  the  expense  of  opening,  working 
and  keeping  the  same  in  repair  shall  be  borne  equally  by  such 
towns.  The  town  superintendents  shall  cause  a map  and  survey 
of  the  highway  to  be  recorded  in  the  office  of  the  town  clerk  in 
each  of  the  respective  towns.  If  such  highway  be  upon  a line 
between  one  or  more  towns  and  a city  or  incorporated  village, 
such  application  shall  also  be  made  to  the  officers  of  such  city  or 
village  having  the  powers  of  the  town  superintendents  and  such 
officers  may  agree  with  the  town  superintendents  of  such  towns 
as  to  division  of  such  expense.  Whenever  such  officers  shall  dis- 


253 


agree,  the  question  shall  be  submitted  to  the  district  or  county 
superintendent  or  superintendents  representing  the  county  or 
counties,  district  or  districts  in  which  such  highway  is  located 
and  their  decision  shall  be  final  when  approved  by  the  state 
commission.  All  highways  heretofore  laid  out  upon  the  line  be- 
tween any  two  towns  or  between  a town  and  a city  or  an  incorpo- 
rated village  shall  be  divided  and  allotted  or  redivided  and  re- 
allotted, recorded  and  kept  in  repair  in  the  manner  above  directed ; 
and  all  bridges  upon  such  highways  shall  be  built  and  main- 
tained jointly  by  the  towns  whether  wholly  located  within  one  of 
them  or  otherwise. 

§ 208.  Final  determination,  how  carried  out. — The  final  deter- 
mination of  commissioners,  appointed  by  any  court,  relating  to 
laying  out,  altering  or  discontinuing  a highway,  and  all  orders 
and  other  papers  filed  or  entered  in  the  proceedings,  or  certified 
copies  thereof  from  the  court  where  such  determination,  order 
and  papers  are  filed  and  entered,  shall  be  forthwith  filed  and 
recorded  in  the  town  clerk’s  office  of  the  town  where  the  highway 
is  located;  and  every  such  decision  shall  be  carried  out  by  the 
town  superintendent  of  the  town,  the  same  as  if  they  had  made  an 
order  to  that  effect. 

§ 209.  Highways  by  use. — All  lands  which  shall  have  been  used 
by  the  public  as  a highway  for  the  period  of  twenty  years  or 
more,  shall  be  a highway,  with  the  same  force  and  effect  as  if  it 
had  been  duly  laid  out  and  recorded  as  a highway,  and  the  town 
superintendent  shall  open  all  such  highways  to  the  width  of  at 
least  two  rods. 

§ 210.  Fences  to  be  removed. — Whenever  a highway  shall  have 
been  laid  out  through  any  inclosed,  cultivated  or  improved  lands, 
in  conformity  to  the  provisions  of  this  chapter,  the  town  superin- 
tendent shall  give  to  the  owner  or  occupant  of  the  land  through 
which  such  highway  -shall  have  been  laid,  sixty  days’  notice  in 
writing  to  remove  his  fences;  and  if  such  owner  shall  not 
remove  his  fences  within  sixty  days,  the  town  superintendent  shall 
cause  them  to  be  removed,  and  shall  direct  the  highway  to  be 
opened  and  worked. 

§ 211.  Private  road. — An  application  for  a private  road  shall 
be  made  in  writing  to  the  town  superintendent  of  the  town  in 
which  it  is  to  be  located,  specifying  its  width  and  location,  courses 
and  distances,  and  the  names  of  the  owners  and  occupants  of  the 
land  through  which  it  is  proposed  to  be  laid  out. 


r 


254 


§ 212.  Jury  to  determine  necessity  and  assess  damages The 

town  superintendent  to  whom  the  application  shall  be  made  shall 
appoint  as  early  a day  as  the  convenience  of  the  parties  interested 
will  allow,  when,  at  a place  designated  in  the  town,  a jury  will  be 
selected  for  the  purpose  of  determining  upon  the  necessity  of  such 
road,  and  to  assess  the  damages  by  reason  of  the  opening  thereof. 

§ 213.  Copy  application  and  notice  delivered  to  applicant. — Such 
town  superintendent  shall  deliver  to  the  applicant  a copy  of  the 
application,  to  which  shall  be  added  a notice  of  the  time  and  place 
appointed  for  the  selection  of  the  jury,  addressed  to  the  owners 
and  occupants  of  the  land. 

§ 214.  Copy  and  notice  to  be  served. — The  applicant  on  receiv- 
ing the  copy  and  notice  shall,  on  the  same  day,  or  the  next  day 
thereafter,  excluding  Sunday  and  holidays,  cause  such  copy  and 
notice  to  be  served  upon  the  persons  to  whom  it  is  addressed,  by 
delivering  to  each  of  them  who  reside  in  the  same  town  a copy 
thereof,  or  in  case  of  his  absence,  by  leaving  the  same  at  his  resi- 
dence and  upon  such  as  reside  elsewhere,  by  depositing  in  the 
postoffice  a copy  thereof  to  each,  properly  enclosed  in  an  envelope, 
addressed  to  them  respectively  at  their  postoffice  address,  and  pay- 
ing the  postage  thereon,  or,  in  case  of  infant  owners,  by  like 
service  upon  their  parent  or  guardian. 

§ 215.  List  of  jurors. — At  such  time  and  place,  on  due  proof 
of  the  service  of  the  notice,  the  town  superintendent  shall  present 
a list  of  the  names  of  thirty-six  resident  freeholders  of  the  town, 
in  no  wise  of  kin  to  the  applicant,  owner  or  occupant,  or  either  of 
them,  and  not  interested  in  such  lands. 

§ 216.  Names  struck  off. — The  owners  or  occupants  of  the  land 
may  strike  from  the  list  not  more  than  twelve  names,  and  the  ap- 
plicant a like  number;  and  of  the  number  which  remains,  the 
twelve  names  standing  first  on  the  list  shall  be  the  jury. 

§ 217.  Place  of  meeting. — The  town  superintendent  shall  then 
appoint  some  convenient  time  and  place  for  the  jury  to  meet,  and 
shall  summon  them  accordingly. 

§ 218.  Jury  to  determine  and  assess  damages. — The  town  super- 
intendent and  all  the  persons  named  and  summoned  on  such  jury, 
shall  meet  at  the  time  and  place  appointed ; but  if  one  or  more  of 
the  twelve  jurors  shall  not  appear,  the  town  superintendent  shall 
summon  so  many  qualified  to  serve  as  such  jurors  as  will  be  suffi- 
cient to  make  the  number  present  twelve  to  forthwith  appear  and 
act  as  such;  and  when  twelve  shall  have  so  appeared,  they  shall 


255 


constitute  the  jury  and  shall  be  sworn  well  and  truly  to  determine 
as  to  the  necessity  of  the  road,  and  to  assess  the  damages  by  reason 
of  the  opening  thereof. 

§ 219.  Their  verdict. — The  jury  shall  view  the  premises,  hear 
the  allegations  of  the  parties,  and  such  witnesses  as  they  may 
produce,  and  if  they  shall  determine  that  the  proposed  road  is 
necessary,  they  shall  assess  the  damages  to  the  person  or  persons 
through  whose  land  it  is  to  pass,  and  deliver  their  verdict  in  writing 
to  the  town  superintendent. 

§ 220.  Value  of  highway  discontinued — If  the  necessity  of  such 
private  road  has  been  occasioned  by  the  alteration  or  discontinuance 
of  a public  highway  running  through  the  lands  belonging  to  a 
person  through  whose  lands  the  private  road  is  proposed  to  be 
opened,  the  jury  shall  take  into  consideration  the  value  of  the  high- 
way so  discontinued,  and  the  benefit  resulting  to  the  person  by 
reason  of  such  discontinuance,  and  shall  deduct  the  same  from  the 
damages  assessed  for  the  opening  and  laying  out  of  such  private 
road. 

§ 221.  Papers  to  be  recorded  in  the  town  clerk’s  office. — The 

town  superintendent  shall  annex  to  such  verdict  the  application, 
and  their  certificate  that  the  road  is  laid  out,  and  the  same  shall 
be  filed  and  recorded  in  the  town  clerk’s  office. 

§ 222.  Damages  to  be  paid  before  opening  the  road. — The  dam- 
ages assessed  by  the  jury  shall  be  paid  by  the  party  for  whose 
benefit  the  road  is  laid  out,  before  the  road  is  opened  or  used; 
but  if  the  jury  shall  certify  that  the  necessity  of  such  private  road 
was  occasioned  by  the  alteration  or  discontinuance  of  a public 
highway,  such  damages  shall  be  paid  by  the  town  and  refunded 
to  the  applicant. 

§ 223.  Pees  of  officers. — Every  juror,  in  proceedings  for  a pri- 
vate road,  shall  be  entitled  to  receive  for  his  service  one  dollar 
and  fifty  cents;  and  town  superintendents  their  per  diem  com- 
pensation to  be  paid  by  the  applicant. 

§ 224.  Motion  to  confirm,  vacate  or  modify. — Within  thirty  days 
after  the  decision  of  the  jury  shall  have  been  filed  in  the  town 
clerk’s  office,  the  owner  or  occupant  may  apply  to  the  county  court 
of  the  county  wherein  such  private  road  is  situated,  for  an  order 
confirming,  vacating  or  modifying  their  decision ; and  such  court 
may  confirm,  vacate  or  modify  such  decision  as  it  shall  deem  just 
and  legal.  If  the  decision  is  vacated,  the  court  may  order  another 
hearing  of  the  matter  before  another  jury,  and  remit  the  proceed- 
ings to  the  town  superintendent  of  the  same  town  for  that  pur- 


256 


pose.  If  no  such  motion  is  made,  the  decision  of  the  jury  shall 
be  deemed  final.  The  motion  shall  be  brought  on,  upon  the  ser- 
vice of  papers  on  the  adverse  party  in  the  proceeding,  according 
to  the  usual  practice  of  the  court  in  actions  and  special  proceed- 
ings pending  therein,  and  the  decision  of  the  county  court  shall 
be  final,  except  that  a new  hearing  may  be  had,  as  herein  pro- 
vided. If  the  final  decision  shall  be  adverse  to  the  applicant,  no 
other  application  for  the  same  road  shall  be  made  within  two 
years. 

§ 225.  Costs  of  new  hearing. — If  upon  a new  hearing,  the  dam- 
ages assessed  are  increased,  the  applicant  shall  pay  the  costs  and 
expenses  thereof,  otherwise  the  owner  shall  pay  the  same. 

§ 226.  For  what  purpose  private  road  may  be  used. — Every  such 
private  road,  when  so  laid  out,  shall  be  fo:r  the  use  of  such  appli- 
cant, his  heirs  and  assigns;  but  not  to  be  converted  to  any  other 
use  or  purpose  than  that  of  a road;  nor  shall  the  occupant  or 
owner  of  the  land  through  which  said  road  shall  be  laid  out  be 
permitted  to  use  the  same  as  a road,  unless  he  shall  have  signi- 
fied such  intention  to  the  jury  who  assessed  the  damages  for  lay- 
ing out  such  road,  and  before  such  damages  were  assessed. 

§ 227.  Highways  or  roads  along  division  lines. — Whenever  a 
highway  or  private  road  shall  be  laid  along  the  division  line  be- 
tween lands  of  two  or  more  persons,  and  wholly  upon  one  side  of 
the  line,  and  the  land  upon  both  sides  is  cultivated  or  improved, 
the  persons  owning  or  occupying  the  lands  adjoining  such  high- 
way or  road  shall  be  paid  for  building  and  maintaining  such  ad- 
ditional fence  as  they  may  be  required  to  build  or  maintain,  by 
reason  of  the  laying  out  and  opening  such  highway  or  road ; which 
damages  shall  be  ascertained  and  determined  in  the  same  manner 
that  other  damages  are  ascertained  and  determined  in  the  laying 
out  of  highways  or  private  roads. 

§ 228.  Adjournments. — If  any  accident  shall  prevent  any  of 
the  proceedings  required  by  this  chapter  relating  to  the  laying 
out,  altering  or  discontinuing  of  a highway,  or  the  laying  out  of  a 
private  road,  to  be  done  on  the  day  assigned,  the  proceedings  may 
be  adjourned  to  some  other  day,  and  the  town  superintendent  shall 
publicly  announce  such  adjournment. 

§ 229.  Widening  roads;  petition — When  any  part  of  a highway 
in  any  town  of  this  state,  not  in  an  incorporated  village  or  city, 
running  between  two  or  more  villages  or  cities,  has,  because  of 
the  wearing  away  by  a river  or  stream  or  any  other  natural 
cause,  become  narrower  than  the  width  required  by  statute,  and  is 


257 


dangerous  to  the  users  of  such  highway,  twelve  or  more  resident 
taxpayers  of  such  town  may  present  a petition  to  the  county  court 
of  the  county  within  which  such  town  is  situated.  The  petition 
shall  describe  the  part  of  the  highway  proposed  to  be  widened  and 
state  that  such  highway  has  become  lessened  in  width  by  the 
action  of  a river  or  stream  or  other  cause,  that  it  is  dangerous  to 
the  traveling  public,  that  the  widening  and  improvement  of  such 
highway  is  necessary  for  the  public  convenience  and  welfare,  that 
the  highway  is  an  important  leading  road  between  two  or  more 
cities  or  villages,  that  the  cost  of  such  widening  and  improvement 
would  exceed  the  sum  of  two  thousand  five  hundred  dollars  and 
would  be  too  burdensome  on  the  town  or  towns  otherwise  liable 
therefor.  Such  petition  shall  be  verified  by  at  least  three  of  the 
petitioners.  On  receipt  of  the  petition  the  county  court  shall  forth- 
with appoint  three  commissioners  who  shall  not  be  named  by  any 
person  interested  in  the  proceedings  and  who  shall  be  taxpayers 
of  such  county,  but  who  shall  not  reside  in  the  town  or  towns  in 
which  the  highway,  proposed  to  be  widened  and  improved,  is 
situated. 

By  an  opinion  of  the  Attorney-General  under  date  of  June  8,  1909,  it  was 
held  that  the  day  of  election  cannot  be  counted  in  making  up  the  required 
number  of  days  previous  to  an  election  upon  which  a petition  regarding  one 
of  the  questions  to  be  voted  upon  must  be  filed  but  that  a petition  must  be 
filed  the  full  number  of  days  required  by  law  before  and  not  counting  elec- 
tion day. 

§ 230.  Powers  and  duties  of  commissioners. — The  commissioners 
shall  take  the  constitutional  oath  of  office  and  appoint  a time  and 
place  for  a meeting  to  hear  all  persons  interested  in  the  proposed 
widening  of  the  highway.  They  shall  personally  examine  the 
part  of  the  highway  proposed  to  be  widened,  hear  any  reasons 
for  or  against  such  widening  and  ascertain  the  probable  cost  of 
the  work.  They  shall  have  power  to  issue  subpoenas,  administer 
oaths  and  examine  witnesses ; they  shall  keep  the  minutes  of  their 
proceedings  and  reduce  to  writing  all  oral  evidence  given  before 
them.  They  shall  make  duplicate  certificates  of  their  decision, 
filing  one  in  the  town  clerk’s  office  of  the  town  in  which  the  said 
highway  is  located,  and  the  other,  with  such  minutes  and  evidence, 
in  the  county  clerk’s  office  of  the  county  where  the  highway  is 
located.  Such  commissioners  shall  have  the  same  power  as  to  the 
assessment  of  damages  caused  by  the  widening  of  such  highway  as 
commissioners  appointed  under  this  article  for  the  discontinuance, 

17 


258 


alteration  or  laying  out  of  a highway,  and  as  to  such  assessment 
the  same  proceeding  may  he  had  for  the  confirmation,  vacating 
or  modifying  of  such  decision,  as  provided  in  and  by  this  article. 

The  commissioners  shall  receive  a compensation  of  five  dollars  for 
each  day  necessarily  spent  in  the  performance  of  their  duties 
under  this  section,  and  the  amount  so  paid  to  the  said  commis- 
sioners shall  he  a charge  upon  the  town  or  towns  in  which  the 
highway,  proposed  to  he  widened  as  aforesaid,  is  located. 

§ 231.  Notice  of  decision  to  supervisors. — If  a majority  of  the 
commissioners  shall  determine  that  the  proposed  widening  of  the 
highway  is  necessary  and  that  the  cost  thereof  would  be  too  bur- 
densome for  the  town,  exceeding  in  probable  cost  two  thousand 
five  hundred  dollars,  they  shall  notify  the  board  of  supervisors 
of  the  county  of  such  decision.  The  board  of  supervisors  shall  J 
thereupon  cause  one-half  of  the  amount  of  the  estimated  cost  to  be 
raised  by  the  county  and  paid  to  the  supervisor  of  the  town  or 
towns  in  which  that  part  of  the  highway  proposed  to  be  widened 
as  aforesaid  is  located,  and  said  supervisor  shall  apply  the  sum  so  >, 
received  by  him  towards  the  payment  of  the  cost  of  such  widening. 

The  balance  of  the  expense  shall  be  raised  in  the  manner  provided 
by  law,  by  the  town  or  towns  in  which  that  part  of  the  highway 
proposed  to  be  widened  as  aforesaid  is  located. 

§ 232.  Widening,  how  constructed. — The  town  superintendent 
shall  construct  such  widening  of  the  highway  according  to  plans 
and  specifications  adopted  by  the  district  or  county  superintendent 
and  approved  by  the  town  board  of  his  town.  The  bills  and 
expenses  incurred  in  such  work  shall  be  audited  by  the  town  board 
and  paid  by  the  supervisor  upon,  written  order  of  the  town  super- 
intendent, after  the  same  shall  have  been  approved  by  the  town 
board,  out  of  moneys  raised  for  such  purpose  as  provided  in  the 
preceding  section.  j 

§ 233.  Actions  to  compel  widening;  how  affected  by  petition. — 

In  case  an  action  might  lie  in  any  court  of  this  state  against 
the  town  superintendent  of  any  town  or  towns  to  compel  such 
superintendent  to  widen  a part  of  a highway,  the  width  of  which  *< 
has  become  less  than  that  required  by  statute,  or  in  case  an  action 
has  been  brought  against  such  superintendent  to  compel  him  to 
widen  a part  of  a highway,  the  width  of  which  has  become  less 
than  that  required  by  statute,  the  presentation  of  a verified  peti- 
tion to  the  county  court  as  provided  for  in  section  two  hundred 
and  twenty-nine  shall  prevent  the  commencing  of  any  such  action 
as  aforesaid  and  cause  such  an  action  already  commenced,  to  cease, 


259 


and  shall  be  a bar  to  a recovery  on  tlie  part  of  the  plaintiff  of  a 
judgment  against  such  superintendent  in  any  such  action  insti- 
tuted or  prosecuted  to  judgment  after  the  passage  of  this  chapter. 

§ 234.  Highways  abandoned. — Every  highway  that  shall  not 
have  been  opened  and  worked  within  six  years  from  the  time  it 
shall  have  been  dedicated  to  the  use  of  the  public,  or  laid  out, 
shall  cease  to  be  a highway;  but  the  period  during  which  any 
action  or  proceeding  shall  have  been,  or  shall  be  pending  in  regard 
to  any  such  highway,  shall  form  no  part  of  such  six  years;  and 
every  highway  that  shall  not  have  been  traveled  or  used  as  a 
highway  for  six  years,  shall  cease  to  be  a highway,  and  every 
public  right  of  way  that  shall  not  have  been  used  for  said  periods 
shall  be  deemed  abandoned  as  a right  of  way.  The  town  super- 
intendents shall  file,  and  cause  to  be  recorded  in  the  town  clerk’s 
office  of  the  town,  a written  description,  signed  by  them,  of  each 
highway  and  public  right  of  way  so  abandoned,  and  the  same  shall 
thereupon  be  discontinued.  There  may  also  be  a qualified  aban- 
donment of  a highway  under  the  following  conditions  and  for  the 
following  purposes,  to  wit : Where  it  appears  to  the  town  super- 
intendents, at  any  time,  that  a highway  has  not  become  wholly 
disused  as  aforesaid,  but  that  it  has  not  for  two  years  next  pre- 
vious thereto,  been  usually  traveled  along  the  greater  part  thereof, 
by  more  than  two  vehicles  daily,  in  addition  to  pedestrians  and 
persons  on  horseback,  they  shall  file  and  cause  to  be  recorded  in  the 
town  clerk’s  office  a certificate  containing  a description  of  that  por- 
tion of  the  highway  partly  disused  as  aforesaid  and  declaring  a 
qualified  abandonment  thereof.  The  effect  of  such  qualified 
abandonment,  with  respect  to  the  portion  of  said  highway  de- 
scribed in  the  certificate,  shall  be  as  follows:  It  shall  no  longer 
be  worked  at  public  expense;  it  shall  not  cease  to  be  a highway 
for  purposes  of  the  public  easement,  by  reason  of  such  suspen- 
sion of  work  thereon;  no  person  shall  impair  its  use  as  a highway 
nor  obstruct  it,  except  as  hereinafter  provided,  but  no  person 
shall  be  required  to  keep  any  part  of  it  in  repair;  wherever  an 
owner  or  lessee  of  adjoining  lands  has  the  right  to  possession  of 
other  lands  wholly  or  partly  on  the  directly  opposite  side  of  the 
highway  therefrom,  he  may  construct  and  maintain  across  said 
highway  a fence  at  each  end  of  the  area  of  highway  which  adjoins 
both  of  said  opposite  pieces  of  land,  provided  that  each  said 
cross-fence  must  have  a gate  in  the  middle  thereof  at  least  ten  feet 
in  length,  which  gate  must  at  all  times  be  kept  unlocked  and  sup- 


260 


plied  with  a sufficient  hasp  or  latch  for  keeping  the  same  closed; 
all  persons  owning  or  using  opposite  lands,  connected  by  such 
gates  and  fences,  may  use  the  portion  of  highway  thus  inclosed 
for  pasturage;  any  traveler  or  other  person  who  intentionally, 
or  by  wilful  neglect,  leaves  such  gate  unlatched,  shall  he  guilty 
of  a misdemeanor,  and  the  fact  of  leaving  it  unlatched  shall  he 
prima  facie  evidence  of  such  intent  or  wilful  neglect.  Excepting 
as  herein  abrogated,  all  other  general  laws  relating  to  highways 
shall  apply  to  such  partially  abandoned  highway. 

Modes  of  abandonment.  This  section  provides  for  abandonment  of  a high- 
way, (1)  where  a highway  has  not  been  opened  and  worked  within  six  years 
from  the  time  it  was  dedicated  to  the  public,  or  laid  out  by  the  town  super- 
intendent either  with  or  without  the  proceedings  provided  for  by  this  article; 
(2)  where  a highway  has  not  been  traveled  or  used  as  a highway  for  six 
years.  Besides  these  two  methods  a highway  may  be  discontinued  and  closed 
after  proceedings  had  for  such  purpose  as  provided  in  this  article. 

§ 235.  Highways  in  lands  acquired  by  the  United  States  for 
fortification  purposes  deemed  abandoned. — When  land  sought  to 
be  acquired  by  the  United  States  of  America  for  the  purpose  of 
fortifications  includes  a highway  or  portion  thereof,  the  condemna- 
tion proceedings  may  include  such  highways  or  portion  thereof, 
and  the  people  of  the  state  of  Yew  York,  any  municipality, 
county  or  other  party  claiming  an  interest  therein  may  be  made  a 
party  defendant  in  such  proceeding,  and  the  interest  of  the  state, 
county,  municipality  or  other  claimant  be  determined,  and  the 
award  made  therefor.  Forthwith  upon  the  acquisition  by  the 
United  States  of  America  of  land  which  includes  a highway  or 
portion  thereof,  there  shall  be  filed  in  the  office  of  the  town  clerk 
of  the  town,  and  also  in  the  office  of  the  county  clerk  of  the  county, 
in  which  such  land  is  located,  certified  copies  of  the  record  or 
transfer  to  the  United  States  of  such  land,  together  with  a map 
of  such  land,  on  which  map  such  highway  or  portion  thereof  shall 
be  indicated  by  metes  and  bounds,  and  thereupon  such  highway 
or  portion  thereof  shall  be  deemed  discontinued  and  abandoned 
for  highway  purposes,  and  if  proceedings  have  been  taken,  pur- 
suant to  article  six  of  this  chapter  for  the  improvement  of  such 
highway  by  state  aid,  all  such  proceedings,  together  with  any 
appropriation  made  for  the  improvement  of  such  highway  or  por- 
tion thereof,  as  indicated  on  such  map,  shall  be  deemed  revoked, 
vacated  and  set  aside. 

§ 236.  Discontinuance  of  highway. — Whenever  the  town  super- 
intendent of  any  town,  in  which  during  the  past  ten  years  there 


261 


lias  been  expended  the  sum  of  three  hundred  thousand  dollars, 
or  more,  for  the  purpose  of  macadamizing  the  highways  of  such 
town,  shall  determine  that  any  portion  of  any  highway  or 
street,  not  within  the  limits  of  an  incorporated  village,  which  is 
the  terminus  of  such  street  or  highway,  is  unnecessary  for  high- 
way purposes,  and  said  town  superintendent  may,  by  an  order 
to  be  duly  entered  in  the  town  clerk’s  office,  direct  such  highway 
to  he  discontinued  and  abandoned  for  public  purposes.  Provided, 
however,  that  no  portion  of  such  highway  to  he  discontinued  shall 
be  greater  than  one  thousand  feet  of  the  terminus  thereof  and 
that  the  owners  of  the  land  on  both  sides  of  such  highway  or 
street,  for  the  distance  it  is  proposed  to  discontinue  the  same, 
shall,  by  written  petition  to  such  town  superintendent  have  re- 
quested the  discontinuance  thereof. 

§ 237.  Description  to  be  recorded. — Immediately  upon  making 
and  entering  the  order  mentioned  in  section  two  hundred  and 
thirty-six  of  this  chapter,  the  said  town  superintendent  shall  cause 
a written  description  of  that  portion  of  the  street  or  highway 
ordered  to  be  discontinued  to  be  filed  and  recorded  in  the  office  of 
the  town  clerk  of  the  town  in  which  the  said  street  or  highway  is 
located,  and  when  the  same  is  duly  recorded  the  said  portion  of 
the  said  street  or  highway  shall  thereupon  be  and  become  duly 
abandoned  and  discontinued  for  highway  purposes. 

§ 238.  Damages  caused  by  discontinuance. — Any  person  or  cor- 
poration interested  as  owner  or  otherwise,  in  any  lands  and  claim- 
ing any  loss  or  damage,  legal  or  equitable,  by  reason  of  the  dis- 
continuance, abandonment  or  closing  of  any  street  or  highway, 
not  within  the  limits  of  an  incorporated  village,  under  or  pur- 
suant to  the  provisions  of  the  last  two  sections,  may,  upon  ten 
days’  written  notice  to  the  town  superintendent  of  the  town  in 
which  such  lands  are  situated  apply  to  the  supreme  court  or  to 
the  county  court  of  the  county  within  which  such  lands  are  situ- 
ated for  the  appointment  of  commissioners  to  estimate  and  de- 
termine such  loss  and  damage,  whereupon  the  court  shall  appoint 
three  disinterested  commissioners  of  appraisal  to  estimate  and  de- 
termine such  damage,  and  the  amount  of  compensation  to  be  paid 
by  said  town  therefor,  who  shall  make  their  report  thereupon  to 
such  court,  and  which  report  when  finally  confirmed  shall  be  final 
and  conclusive  in  respect  thereto,  and  the  legality  and  equity  of 
any  and  all  such  claims  shall  be  determined  by  such  commis- 
sioners and  by  the  court  upon  the  hearing  of  their  report.  Any 


262 


loss  or  damage  so  estimated  and  determined  shall  be  paid  by  said  I 

town  as  in  case  of  judgment. 

§ 239.  Papers,  where  filed. — All  applications,  certificates,  ap- 
pointments and  other  papers  relating  to  the  laying  out,  altering 
or  discontinuing  of  any  highway  shall  be  filed  by  the  town  super-  w 

intendent  as  soon  as  a decision  shall  have  been  made  thereon  in 
the  town  clerk’s  office  of  the  town. 

§ 240.  Costs  of  motion. — Costs  of  a motion  to  confirm,  vacate 
or  modify  the  report  of  commissioners  appointed  by  the  court 
to  lay  out,  alter  or  discontinue  a highway  may  be  allowed  in  the 
discretion  of  the  court  not  exceeding  fifty  dollars.  On  an  un- 
contested motion  to  confirm  the  report  of  the  commissioners  so 
appointed,  if  said  report  is  favorable  to  the  applicant  and  con- 
firmed by  the  court,  costs  may  be  allowed  not  exceeding  fifty  dol- 
lars sufficient  to  compensate  the  applicant’s  attorney  for  his  ser- 
vices  in  the  proceedings.  Costs  of  any  other  motion  in  a pro- 
ceeding in  a court  of  record,  authorized  by  this  chapter,  may  be 
allowed  in  the  discretion  of  the  court  not  exceeding  ten  dollars. 

JR 

From  an  opinion  of  the  Attorney-General  under  date  of  October  24,  1910, 
it  was  held: 

“ It  is  evident  that  the  use  of  moneys  * * * moneys  raised  for  the 
repair  and  improvement  of  highways,  including  state  aid,  are  never  available 
for  the  construction  of  new  town  roads  and  could  not  be  legally  diverted  to 
any  otner  use.  The  different  funds  >are  required  to  be  kept  separate  by 
section  107  of  the  Highway  Law,  also  by  order  of  the  State  Highway  Com- 
mission, and  a surplus  in  one  fund  is  not  available  for  use  for  other  work. 

I am,  therefore,  of  the  opinion  that  moneys  known  as  state  aid  cannot  be 
used  in  the  building  and  construction  of  new  town  roads  or  for  the  payment 
of  damages  awarded  to  land  owners  in  the  laying  out  of  a new  highway,  or 
for  any  other  purpose  except  the  repair  and  improvement  of  the  highways 
of  the  town. 

“ In  reply  to  that  part  of  your  enquiry  as  to  how  the  town  can  procure 
the  necessary  money  to  build  a highway,  if  it  cannot  be  taken  from  the 
general  fund  for  the  repair  and  improvement  of  the  highways,  I beg  to  state  i 

that  section  90  of  the  Highway  Law  requires  the  town  superintendent  to 
make  estimates  of  the  amounts  that  should  be  raised  by  tax  in  the  town 
for  the  ensuing  year,  and  by  subdivision  4 thereof  he  can  make  an  estimate 
and  present  it  to-  the  town  board  of  the  amount  which  he  deems  necessary  <, 

should  be  raised  for  building  a town  highway  that  has  been  newly  laid  out. 

It  is  certainly  a miscellaneous-  purpose  not  provided  for  in  any  other  subdi- 
vision of  that  section.  There  is  no  limitation  to  the  amount  that  can  be 
raised  for  miscellaneous  purposes  except  as  it  is  controlled  by  the  public 
necessities  of  the  town. 

“ It  is  also  a purpose  that  can  only  arise  occasionally  in  any  town  and  is 
not  of  annual  occurrence  like  most  of  the  other  purposes  mentioned  in  the 
act  referred  to. 


263 


“ The  estimates  above  mentioned  are  then  laid  before  the  town  board  and 
if  it  approves  the  several  amounts  are  laid  before  the  board  of  supervisors 
and  raised  in  the  same  way  as  other  highway  taxes  in  the  town,  but  if  this 
method  is  not  deemed  expedient  and  if  any  town  board  should  not  feel  that 
it  was  authorized  to  raise  the  amount  as  above  outlined,  a proposition  can 
be  submitted  as  provided  by  section  97  of  the  Highway  Law  to  the  voters 
of  the  town.” 


ARTICLE  IX. 

Bridges. 

Section  250.  When  town  or  county  expense. 

251.  Levy  of  tax  upon  county. 

252.  Penalty,  and  notice  on  bridge. 

253.  Offense. 

254.  Joint  liabilities  of  towns  and  their  joint  contracts. 

255.  Refusal  to  repair. 

256.  Proceedings  in  court. 

257.  Supervisor  to  institute  proceedings. 

258.  Duty  of  superintendents. 

259.  Report  of  town  superintendents,  and  levy  of  tax. 

260.  Appeals. 

261.  Power  of  court  on  appeal. 

262.  Refusal  to  repair  bridges. 

263.  Resolution  of  board  of  supervisors  for  abolition  of  toll  bridges. 

264.  Investigation  by  the  state  commission  of  highways. 

265.  Acquisition  by  attorney -general. 

266.  Payment  of  expense  of  acquisition. 

267.  Maintenance  of  bridge. 

§ 250.  When  town  or  county  expense. — The  towns  of  this  state, 
except  as  otherwise  herein  provided,  shall  be  liable  to  pay  the 
expenses  for  the  construction  and  repair  of  its  public  free  bridges 
constructed  over  streams  or  other  waters  within  their  bounds, 
and  their  just  and  equitable  share  of  such  expenses  when  so  con- 
structed over  streams  or  other  waters  upon  their  boundaries, 
except  between  the  counties  of  Westchester  and  Xew  York;  and 
when  such  bridges  are  constructed  over  streams  or  other  waters 
forming  the  boundary  line  of  towns,  either  in  the  same  or  adjoin- 
ing counties,  such  towns  shall  be  jointly  liable  to  pay  such  ex- 
penses. When  such  bridges  are  constructed  over  streams  or  other 
waters  forming  the  boundary  line  between  a city  of  the  third 
class  and  a town,  such  city  and  town  shall  be  liable  each  to  pay 
its  just  and  equitable  share  of  the  expenses  for  the  construction, 
maintenance  and  repair  of  such  bridges.  Except  as  otherwise 
provided  by  law,  a city  of  the  third  class  shall  be  deemed  a town 


264 


for  the  purposes  of  this  article.  Each  of  the  counties  of  this  < 

state  shall  also  be  liable  to  pay  for  the  construction,  care,  main- 
tenance, preservation  and  repair  of  public  bridges,  lawfully  con- 
structed over  streams  or  other  waters  forming  its  boundary  line, 
not  less  than  one-sixth  part  of  the  expenses  of  such  construction, 
care,  maintenance,  preservation  and  repair. 

§ 251.  Levy  of  tax  upon  county. — Each  supervisor  shall  present 
to  the  board  of  supervisors  of  his  county  at  its  annual  session 
a statement  specifying  the  amount  paid  during  the  preceding 
year  ending  on  the  thirty-first  of  October  for  the  construction, 
care,  maintenance,  preservation  and  repair  of  public  bridges  over 
streams  or  other  waters  forming  the  boundary  of  such  county. 

The  board  of  supervisors  shall  levy  upon  the  taxable  property  of 
the  county  a sum  sufficient  to  pay  its  proportion  of  such  expense, 
and  the  same  when  collected  shall  be  paid  to  the  supervisor  of 
such  town  to  be  applied  by  him  on  the  order  of  the  town  superin- 
tendent after  audit  as  provided  in  this  chapter,  toward  the  pay- 
ment of  such  expense. 

§ 252.  Penalty,  and  notice  on  bridge. — The  town  superintendent 
may  fix  and  prescribe  a penalty,  not  less  than  one  or  more  than 
five  dollars,  for  riding  or  driving  faster  than  a walk  on  any 
bridge  in  his  town  whose  chord  is  not  less  than  twenty-five  feet 
in  length,  and  put  up  and  maintain  in  a conspicuous  place,  at 
each  end  of  the  bridge,  a notice  in  large  characters,  stating  each 
penalty  incurred. 

§ 253.  Offense. — Whoever  shall  ride  or  drive  faster  than  a walk 
over  any  bridge,  upon  which  notice  shall  have  been  placed,  and 
shall  then  be,  shall  forfeit  for  every  offense,  the  amount  fixed 
by  such  town  superintendent,  and  specified  in  the  notice. 

§ 254.  Joint  liabilities  of  towns  and  their  joint  contracts. — 
Whenever  any  two  or  more  towns  shall  be  liable  to  make  or  main- 
tain any  bridge  or  bridges,  the  same  shall  be  built  and  main- 
tained at  the  joint  expense  of  such  towns,  without  reference  to 
town  lines,  except  where  the  board  of  supervisors  has  otherwise 
apportioned  such  expense  as  provided  in  section  ninety-seven. 

The  town  superintendents  of  all  the  towns,  or  of  one  or  more  of 
such  towns,  the  others  refusing  to  act,  may,  when  directed  by  their 
respective  town  boards,  enter  into  a joint  contract  for  making  and 
repairing  such  bridges. 

§ 255.  Refusal  to  repair. — If  the  towm  board  of  either  of  such 
towns,  after  notice  in  writing  from  the  town  board  of  any  other 
of  such  towns,  given  by  the  town  clerk  thereof,  shall  not  within 


265 


twenty  days  give  their  consent  in  writing  to  build  or  repair  any 
such  bridge,  and  shall  not  within  a reasonable  time  thereafter 
direct,  by  resolution,  the  same  to  be  done,  the  town  board  giving 
such  notice  may  direct  the  town  superintendent  to  make  or  repair 
such  bridge,  and  then  maintain  an  action  in  the  name  of  the  town, 
against  the  town  which  neglects  or  refuses  to  join  in  such  making 
or  repairing,  and  in  such  action,  the  plaintiffs  shall  be  entitled 
to  recover  so  much  from  the  defendant,  as  the  town  would  be 
liable  to  contribute  to  the  same,  together  with  costs  and  interest. 

§ 256.  Proceedings  in  court. — Whenever  any  adjoining  towns 
shall  be  liable  to  make  or  maintain  any  bridge  over  any  streams 
dividing  such  towns,  whether  in  the  same  or  different  counties, 
three  freeholders  in  either  of  such  towns  may,  by  petition  signed 
by  them,  apply  to  the  town  board  in  each  of  such  towns,  to  build, 
rebuild  or  repair  such  bridges,  and  if  such  town  boards  refuse 
to  build,  rebuild  or  repair  such  bridge  within  a reasonable  time, 
either  for  want  of  funds  or  any  other  cause,  such  freeholders, 
upon  affidavit  and  notice  of  motion,  a copy  of  which  shall  be 
served  on  each  supervisor  at  least  eight  days  before  the  hearing, 
may  apply  to  the  supreme  court  at  a special  term  thereof,  to  be 
held  in  the  judicial  district  in  which  such  bridge  or  any  part 
thereof  shall  be  located,  for  an  order  requiring  such  town  boards 
to  direct  the  town  superintendents  to  build,  rebuild  or  repair 
such  bridge,  and  the  court  upon  such  motion  may,  in  doubtful 
cases,  refer  the  case  to  some  disinterested  person  to  ascertain  the 
requisite  facts  in  relation  thereto,  and  to  report  the  evidence 
thereof  to  the  court.  Upon  the  coming  in  of  the  report,  in  case 
of  such  reference,  or  upon  or  after  the  hearing  of  the  motion, 
in  case  no  reference  shall  be  ordered,  the  court  shall  make  an 
order  thereon  as  the  justice  of  the  case  shall  require.  If  the 
motion  be  granted  in  whole  or  in  part,  whereby  funds  shall  be 
needed  to  carry  the  order  into  effect,  such  court  shall  specify  the 
amount  of  money  required  for  that  purpose,  and  how  much  thereof 
shall  be  raised  in  each  town. 

§ 257.  Supervisor  to  institute  proceedings. — The  supervisor  of 
any  such  town  shall,  when  directed  by  the  town  board,  institute 
and  prosecute  proceedings  under  this  chapter,  in  the  name  of  the 
town,  to  compel  the  town  board  of  such  adjoining  town  or  towns 
to  cause  the  town  superintendents  thereof  to  join  in  the  building, 
rebuilding  or  repair  of  any  such  bridge,  in  like  manner  as  free- 
holders are  thereby  authorized. 


266 


§ 258.  Duty  of  superintendents. — The  order  for  building,  re- 
building or  repairing  a bridge  being  made,  and  a copy  thereof  be- 
ing served  on  the  town  superintendent  of  such  adjoining  towns 
respectively  the  town  superintendent  of  such  towns  shall  forth- 
with meet  and  cause  such  bridge  to  be  built,  rebuilt  or  repaired  in 
accordance  with  plans  and  specifications  prepared  or  approved 
by  the  district  or  county  superintendent,  out  of  any  funds  in  the 
hands  of  the  supervisors  of  such  towns  applicable  thereto;  if  an 
inadequate  amount  of  such  funds  are  on  hand,  the  town  boards 
of  such  towns  shall  direct  the  town  superintendents  thereof  to 
build,  rebuild  or  repair  such  bridge,  and  the  same  shall  be  done 
upon  credit,  or  in  part  for  cash  or  in  part  upon  credit  according 
to  the  exigency  of  the  case ; and  such  town  boards  shall  direct  the 
superintendents  to  enter  into  a contract,  to  be  approved  by  such 
town  boards,  for  building,  rebuilding  or  repairing  such  bridge 
pledging  the  credit  of  each  town  for  the  payment  of  its  appro- 
priate share  so  far  as  the  same  shall  be  upon  credit. 

§ 259.  Report  of  town  superintendents,  and  levy  of  tax. — The 
town  superintendent  of  each  town  shall  make  a full  and  verified 
report  of  their  proceedings  in  the  premises  including  an  accurate 
account  of  what  has  been  done  in  respect  to  such  bridge,  and 
shall  attach  thereto  a copy  of  the  order  granted  by  the  supreme 
court.  Such  report,  account  and  order  shall  be  certified  by  the 
town  board  and  delivered  to  the  supervisor  and  be  presented  by 
him  to  the  board  of  supervisors  of  his  county.  The  board  of 
supervisors  at  their  annual  meeting  shall  levy  a tax  upon  each 
of  such  towns,  when  in  the  same  county,  and  upon  the  appropriate 
towns  when  in  different  counties,  for  its  share  of  the  costs  of 
building,  rebuilding  and  repairing  such  bridge,  after  deducting 
all  payments  actually  made  by  the  supervisor  upon  the  written 
order  of  the  town  superintendent.  Such  tax,  including  all  pay- 
ments, shall  in  no  case  exceed  the  amount  specified  in  the  order 
of  the  supreme  court. 

§ 260.  Appeals. — Either  party  aggrieved  by  the  granting  or 
refusing  to  grant  such  order  by  the  court  at  special  term,  may 
appeal  from  such  decision  to  the  appellate  division  of  the  supreme 
court  for  the  review  of  the  decision.  The  appellate  division  may 
alter,  modify  or  reverse  the  order,  with  or  without  costs. 

§ 261.  Power  of  court  on  appeal. — The  special  term  may  grant 
or  refuse  costs  as  upon  a motion,  including  also  witnesses’  fees, 
referees’  fees  and  disbursements.  The  appeal  provided  for  in 
the  last  preceding  section  shall  conform  to  the  practice  of  the 


267 


supreme  court,  in  case  of  appeal  from  an  order  of  a special  term 
to  the  appellate  division. 

§ 262.  Refusal  to  repair  bridges — Whenever  any  such  bridge 
shall  have  been  or  shall  be  so  out  of  repair  as  to  render  it  unsafe 
for  travelers  to  pass  over  the  same,  or  whenever  any  such  bridge 
shall  have  fallen  down,  or  been  swept  away  by  a freshet  or  other- 
wise, if  the  town  superintendent  of  the  adjoining  town  or  towns, 
after  reasonable  notice  of  such  condition  of  the  bridge,  have 
neglected  or  refused,  or  shall  neglect  or  refuse  to  repair  or  re- 
build it,  then  whatever  funds  have  been  or  shall  be  necessarily 
or  reasonably  laid  out  or  expended  in  repairing  such  bridge  or  in 
rebuilding  the  same,  by  any  person  or  corporation,  shall  be  a 
charge  on  such  adjoining  town  or  towns,  each  being  liable  for  its 
just  proportion;  and  the  person  or  corporation  who  has  made 
such  expenditure,  or  shall  make  such  expenditures,  may  apply 
to  the  supreme  court,  at  a special  term,  for  an  order  requiring 
such  towns  severally  to  reimburse  such  expenditures,  which  appli- 
cation shall  be  made  upon  papers  to  be  served  upon  the  town 
superintendents  of  such  towns  at  least  eight  days  prior  thereto; 
and  the  court  may  grant  an  order  requiring  each  adjoining  town 
or  towns  to  pay  its  just  proportion  of  the  expenditure,  specifying 
the  same;  and  the  town  superintendent  of  each  of  such  towns 
shall  forthwith  serve  a copy  of  such  order  upon  the  supervisor 
of  each  of  their  towns,  who  shall  present  the  same  to  the  board 
of  supervisors,  at  their  next  annual  meeting.  The  board  of  super- 
visors shall  raise  the  amount  charged  upon  each  town  by  the 
order,  and  cause  the  same  to  be  collected  and  paid  to  such  per- 
sons or  corporation  as  incurred  the  expenditure.  The  order  shall 
be  appealable. 

§ 263.  Resolution  of  board  of  supervisors  for  abolition  of  toll 
bridges.-—  The  board  of  supervisors  of  any  county  may,  and  upon 
the  presentation  of  a petition  signed  by  fifty  per  centum  of  the 
owners  of  real  property  and  representing  a majority  of  the  as- 
sessed valuation  of  the  town  or  city  in  which  a toll  bridge  is  wholly 
or  partly  situated  must,  except  where  such  bridge  extends  between 
the  state  of. New  York  and  a foreign  country,  pass  a resolution 
that  public  interest  demands  the  abolition  of  such  toll  bridge  sit- 
uate wholly  or  partly  within  said  county.  In  case  of  a toll  bridge 
situated  in  two  counties  such  resolution  shall  be  a concurrent  reso- 
lution passed  by  the  boards  of  supervisors  of  the  counties  wherein 
said  bridge  is  situated.  Within  ten  days  after  the  passage  of  such 


268 


resolution  the  clerk  or  clerks  of  the  hoard  or  boards  of  supervisors 
shall  transmit  certified  copies  thereof  to  the  state  commission  of 
highways.  Before  transmitting  such  certified  copy  or  copies  to 
the  state  commission  of  highways,  the  board  or  boards  of  super- 
visors shall  investigate  as  to  the  value  of  such  toll  bridge  and  shall 
prepare  an  estimate  of  the  probable  cost  of  acquiring  the  same, 
and  the  clerk  or  clerks  shall  transmit  such  estimate,  together  with 
any  data  in  relation  to  the  value  of  such  toll  bridge  which  the 
board  or  boards  of  supervisors  may  secure,  to  the  state  commis- 
sion of  highways  with  the  certified  copy  or  copies  of  such 
resolution. 

Added  by  L.  1909,  ch.  146,  and  amended  by  L.  1910,  ch.  569. 

§ 264.  Investigation  by  the  state  commission  of  highways. — The 

state  commission  of  highways  shall  upon  the  receipt  of  such  reso- 
lution or  concurrent  resolution,  investigate  and  determine  whether 
the  bridge  so  sought  to  be  abolished  is  of  sufficient  public  import- 
ance to  come  within  the  provisions  of  this  article,  taking  into 
account  the  use,  location  and  value  of  such  toll  bridge  for  the 
purpose  of  common  traffic  and  travel  and  shall  also  investigate  as 
to  the  value  of  such  toll  bridge  and  from  the  estimate  and  data 
transmitted  by  the  board  or  boards  of  supervisors,  or  from  such 
other  information  as  the  commission  may  secure,  prepare  an  esti- 
mate of  the  probable  cost  of  acquiring  such  toll  bridge.  After 
such  investigation  such  commission  shall  certify  its  approval  or 
disapproval  of  such  resolution.  If  it  shall  disapprove  such  resolu- 
tion, it  shall  certify  its  reasons  therefor  to  such  board  or  boards  of 
supervisors.  If  it  shall  approve  such  resolution  it  shall  cer- 
tify its  approval  thereof  to  the  attorney-general,  and  shall  transmit 
to  him  the  estimate  made  by  the  commission  of  the  probable  cost 
of  acquiring  such  toll  bridge,  together  with  any  data  the  commis- 
sion may  have  in  its  possession  in  relation  to  the  value  thereof. 

Added  by  L.  1909,  ch.  146,  and  amended  by  L.  1910,  ch.  569. 

§ 265.  Acquisition  by  Attorney-General. — Upon  the  receipt  of 
such  certification  of  approval  the  attorney-general  shall  apply  to 
the  court,  in  the  name  of  the  people  of  the  state,  for  the  appoint- 
ment of  a commission  to  appraise  the  value  of  -said  toll  bridge 
and  the  franchise  thereof  aid  proceed  to  acquire  title  to  said  toll 
bridge  and  its  franchise  rights  in  accordance  with  the  provisions 
of  the  code  of  civil  procedure  for  the  condemnation  of  property 
for  public  purposes.  When  said  commission  shall  have  deter- 
mined the  value  of  such  toll  bridge,  the  attorney-general  shall 


269 


certify  such  determination  to  the  comptroller  and  to  the  board  or 
boards  of  supervisors  of  the  county  or  counties  wherein  such  toll 
bridge  is  situated.  After  the  receipt  thereof,  upon  a majority 
vote  of  the  board  or  boards  of  supervisors,  they  shall  adopt  a reso- 
lution approving  the  purchase  of  said  toll  bridge  under  the  pro- 
visions of  this  article  and  providing  for  the  payment  of  the 
county’s  share  thereof  and  thereupon  shall  transmit  a certified 
copy  of  such  resolution  to  the  state  comptroller.  The  condemna- 
tion. and  purchase  of  toll  bridges  under  the  provisions  of  this 
article  shall  be  taken  up  and  carried  forward  in  the  order  in  which 
they  are  finally  designated  as  determined  by  the  date  of  the  re- 
ceipt in  each  case  of  the  certified  copy  of  the  approval  by  the 
state  commission  of  highways. 

Added  by  L.  1909,  ch.  146. 

§ 266.  Payment  of  expense  of  acquisition.— One-half  of  the  ex- 
pense incurred  in  the  condemnation  and  acquirement  of  said  toll 
bridge  shall  be  paid  by  the  state  treasurer  upon  the  warrant  of 
the  comptroller  out  of  any  specific  appropriations  made  to  carry 
on -the  provisions  of  this  article,  but  no  such  payment  shall  be 
made  until  the  county  or  counties  in  which  said  toll  bridge  is 
situate  shall  have  complied  with  all  the  provisions  hereof.  One- 
half  of  the  expenses  thereof  shall  be  a charge,  in  the  first  in- 
stance, upon  the  county  or  counties  in  which  said  toll  bridge  is 
situate,  and  the  same  shall  be  paid  by  the  county  treasurer  upon 
the  requisition  of  the  comptroller,  but  the  amount  so  paid  shall 
be  apportioned  by  the  board  of  supervisors  so  that  thirty-five  per 
centum  of  such  cost  shall  be  a general  county  charge  and  fifteen 
per  centum  shall  be  a charge  upon  the  town  or  towns  or  city  or 
cities  in  which  said  toll  bridge  is  wholly  or  partly  located.  In 
case  a toll  bridge  is  located  in  two  counties  the  fifty  per  centum 
of  the  expense  to  be  borne  by  the  counties  shall  be  apportioned 
between  them  on  the  basis  of  their  assessed  valuation  and  the 
fifteen  per  centum  shall  be  apportioned  by  the  board  of  super- 
visors upon  the  town  or  towns  or  city  or  cities  in  the  same  manner. 

Added  by  L.  1909,  ch.  146. 

§ 267.  Maintenance  of  bridge.— When  a toll  bridge  shall  have 
been  acquired  by  the  state  under  the  provisions  of  this  article  it 
shall  be  maintained  as  a free  bridge  and  the  expense  thereof  shall 
be  a charge  upon  the  town  or  towns  or  city  or  cities  within  which 
it  is  situated.  Upon  the  acquisition  of  any  toll  bridge  as  pro- 
vided in  this  article,  the  board  or  boards  of  supervisors  of  the 


270 


county  or  counties  in  which  said  toll  bridge  is  located  shall  upon 
notice  of  such  acquisition  from  the  comptroller,  accept  and  main- 
tain the  same  as  a part  of  the  highway  system  of  said  county  or 
counties  and  such  acceptance  shall  be  deemed  to  have  been 
formally  taken  at  the  expiration  of  twenty  days  from  the  notice 
of  said  acquisition  by  the  state  comptroller. 

Added  by  L.  1909,  ch.  146. 

§ 268.  Use  of  toll  bridge  by  public  service  corporations;  con- 
ditions; powers  of  town  board. — After  a bridge  shall  be  acquired 
by  the  state  under  the  provisions  of  this  article,  the  same  shall  not 
be  used  by  any  railroad,  telephone,  gas,  electric  light,  heat  or 
power  company  or  any  other  public  service  corporation,  for  any 
purpose  except  upon  such  terms  and  the  payment  of  such  rental 
as  shall  be  determined  by  the  town  board  of  the  town  or  towns 
and  the  common  council  of  the  city  or  cities  within  which  it  is 
situated.  The  money  received  therefor  shall  be  divided  equally 
between  the  localities.  The  provisions  of  this  section,  however, 
shall  not  affect  any  existing  contract  for  the  use  of  such  bridge 
by  any  such  corporation,  except  that  the  compensation  provided 
for  such  use  in  such  existing  contract  shall  be  paid  to  the  localities 
as  herein  provided. 

Added  by  L.  1910,  ch.  569. 


ARTICLE  X. 

Ferries. 

Section  270.  Licenses. 

271.  Undertaking. 

272.  Appendages  for  rope  ferries. 

273.  Superintendent  of  public  works  may  lease  right  of  passage. 

274.  When  schedules  to  be  posted. 

§ 270.  Licenses. — The  county  court  in  each  of  the  counties  of 
this  state  or  the  city  court  of  a city,  may  grant  licenses  for 
keeping  ferries  in  their  respective  counties  and  cities,  to  such 
persons  as  the  court  may  deem  proper,  for  a term  not  exceeding 
five  years.  No  license  shall  be  granted  to  a person,  other  than 
the  owner  of  the  land  through  which  that  part  of  the  highway 
adjoining  to  the  ferry  shall  run,  unless  the  owner  is  not  a suit- 
able person  or  shall  neglect  to  apply  after  being  served  with  eight 
days’  written  notice  from  such  person  of  the  time  and  place  at 
which  he  will  apply  for  such  license,  or  having  obtained  such 
license,  shall  neglect  to  comply  with  the  conditions  of  the  license 


271 


or  maintain  the  ferry.  Every  license  shall  be  entered  in  the  book 
of  minutes  of  the  court  by  the  clerk;  and  a certified  copy  thereof 
shall  be  delivered  to  the  person  licensed.  When  the  waters  over 
which  any  ferry  may  he  used  shall  divide  two  counties  or  cities, 
or  a county  and  city,  a license  obtained  in  either  of  the  counties 
or  cities  shall  he  sufficient  to  authorize  transportation  of  persons, 
goods,  wares  and  merchandise,  to  and  from  either  side  of  such 
waters. 

§ 271.  Undertaking. — Every  person  applying  for  such  license 
shall,  before  the  same  is  granted,  execute  and  file  with  the  clerk 
of  the  court  his  undertaking  with  one  or  more  sureties,  approved 
by  the  court,  to  the  effect  that  he  will  attend  such  ferry  with 
sufficient  and  safe  boats  and  other  implements,  and  so  many  men 
to  work  the  same  as  shall  he  necessary  during  the  several  hours 
in  each  day,  and  at  such  rates  as  the  court  shall  direct. 

§ 272.  Appendages  for  rope  ferries. — Any  person  licensed  to 
keep  a ferry  may,  with  the  written  consent  of  the  town  superin- 
tendent of  the  town  where  such  ferry  may  he,  erect  and  main- 
tain within  the  limits  of  the  highway,  at  such  point  as  shall  he 
designated  in  such  consent,  a post  or  posts,  with  all  necessary 
braces  and  appendages  for  a rope  ferry. 

§ 273.  Superintendent  of  public  works  may  lease  right  of  passage. 
— The  superintendent  of  public  works,  may,  where  ferries  are 
now  maintained  at  tide-water,  lease  the  right  of  passage  for  foot 
passengers  across  state  lands  adjoining  tide-water  for  a period 
not  exceeding  ten  years,  on  such  conditions  as  he  may  deem 
advantageous  to  the  state. 

§ 274.  When  schedules  to  be  posted. — Every  person  licensed  to 
operate  or  control  any  ferry  in  this  state,  or  between  this  state  and 
any  other  state,  operating  from  or  to  a city  of  fifty  thousand 
inhabitants  or  over,  shall  post  in  a conspicuous  and  accessible 
position  outside  and  adjacent  to  each  entrance  to  such  ferry,  and 
in  at  least  four  accessible  places,  in  plain  view  of  the  passengers 
upon  each  of  the  boats  used  on  such  ferry,  a schedule  plainly 
printed  in  the  English  language  of  the  rates  of  ferriage  charges 
thereon,  and  authorized  by  law  to  be  charged  for  ferriage  over 
such  ferry.  If  any  such  person  shall  fail  to  comply  with  the  pro- 
visions of  this  section,  or  shall  post  a false  schedule,  he  shall  for- 
feit the  sum  of  fifty  dollars  for  each  day’s  neglect  or  refusal  to 
post  such  schedule  or  any  of  them,  to  be  recovered  by  any  person 
who  shall  sue  therefor  in  any  court  of  competent  jurisdiction. 


272 


ARTICLE  XI. 

Motor  Vehicles. 

(Entire  article  amended  by  L.  1910,  ch.  37 Jf.) 

.Section  280.  Application  of  article. 

281.  Definitions. 

282.  Registration  of  motor  vehicles;  age  of  operator;  fees,  renewals. 

283.  Distinctive  number;  form  of  number  plates. 

284.  Registration  by  manufacturers  and  dealers;  reregistration. 

285.  Exemption  of  nonresident  owners. 

286.  Signaling  and  other  devices;  signals;  rules  of  the  road. 

287.  Speed  permitted. 

288.  Local  ordinances  prohibited. 

289.  ^Registration  of  chauffeurs;  renewals. 

290.  Punishment  for  violation;  procedure. 

291.  Disposition  of  registration  fees;  fines  and  penalties. 

292.  Rates  of  toll  on  motor  vehicles. 

293.  Acts  repealed. 


§ 280.  Application  of  article. — Except  as  herein  otherwise  ex- 
pressly provided,  this  article  shall  he  exclusively  controlling: 

1.  Upon  the  registration,  numbering  and  regulation  of  motor 
vehicles,  and  the  licensing  and  the  regulation  of  chauffeurs; 

2.  On  their  use  of  the  public  highways,  and 

3.  On  the  accessories  used  upon  motor  vehicles  and  their  inci- 
dents and  the  speed  of  motor  vehicles  upon  the  public  highways; 

4.  On  the  punishment  for  the  violation  of  any  of  the  provisions 
of  this  article. 

§ 281.  Definitions. — The  term  “ motor  vehicle  ” as  used  in 
this  article,  except  where  otherwise  expressly  provided,  shall  in- 
clude all  vehicles  propelled  by  any  power  other  than  muscular 
power,  except  motor  bicycles,  motor  cycles,  traction  engines, 
road  rollers,  fire  wagons  and  engines,  police  patrol  wagons,  am- 
bulances and  such  vehicles  as  run  only  upon  rails  or  tracks. 
The  term  “ local  authorities  ” shall  include  all  officers  of  coun- 
ties, cities,  boroughs,  towns  or  villages,  as  well  as  all  hoards, 
committees  and  other  public  officials  of  such  counties,  cities,  bor- 
oughs, towns  or  villages.  The  term  “ chauffeur  ” shall  mean  any 
person  operating  or  driving  a motor  vehicle  as  an  employee  or  for 
hire.  The  term  “ state  ” as  used  in  this  article,  except  where 
otherwise  expressly  provided,  shall  also  include  the  territories  and 
the  federal  districts  of  the  United  States.  The  term  T(  owner  ” 
shall  also  include  any  person,  firm,  association  or  corporation 


So  in  original. 


273 


renting  a motor  vehicle  or  having  the  exclusive  use  thereof, 
under  a lease  or  otherwise,  for  a period  greater  than  thirty  days. 
The  term  “ public  highway  ” shall  include  any  highway,  county 
road,  state  road,  public  street,  avenue,  alley,  park,  parkway  or 
public  place  in  any  county,  city,  borough,  town  or  village,  except 
any  speedway  which  may  have  been  or  may  be  expressly  set  apart 
by  law  for  the  exclusive  use  of  horses  and  light  carriages. 

§ 282.  Registration  of  motor  vehicles;  age  of  operator;  fees;  re- 
newals.— 1.  Registration  by  owners.  Every  owner  of  a motor  vehicle 
which  shall  be  operated  or  driven  upon  the  public  highways  of 
this  state  shall,  except  as  herein  otherwise  expressly  provided, 
cause  to  be  filed,  by  mail  or  otherwise,  in  the  office  of  the  secre- 
tary of  state  a verified  application  for  registration  on  a blank 
to  be  furnished  by  the  secretary  of  state  for  that  purpose,  con- 
taining: (a)  A brief  description  of  the  motor  vehicle  to  be 

registered,  including  the  name  of  the  manufacturer  and  factory 
number  of  such  vehicle,  the  character  and  amount  of  the  motive 
power  stated  in  figures  of  horse  power  in  accordance  with  the 
rating  established  by  the  Association  of  Licensed  Automobile 
Manufacturers ; (b)  the  name,  residence,  including  county  and 
business  address,  of  the  owner  of  such  motor  vehicle;  (c)  pro- 
vided that,  if  such  motor  vehicle  is  used  or  to  be  used  solely  for 
commercial  purposes,  the  applicant  shall  so  certify. 

2.  Age  of  operator.  No  person  shall  operate  or  drive  a motor 
vehicle  who  is  under  eighteen  years  of  age,  unless  such  person 
is  accompanied  by  a duly  licensed  chauffeur  or  the  owner  of  the 
motor  vehicle  being  operated. 

3.  Registration  book.  Upon  the  receipt  of  an  application  for 
registration  of  a motor  vehicle,  as  provided  in  this  article, 
the  secretary  of  state  shall  file  such  application  in  his  office 
and  register  such  motor  vehicle  or  vehicles,  with  the  name,  resi- 
dence and  business  address  of  the  owner,  manufacturer  or  dealer 
as  the  case  may  be,  together  with  the  facts  stated  in  such  applica- 
tion, in  a book  or  index  to  be  kept  for  the  purpose,  under  the  dis- 
tinctive number  assigned  to  such  motor  vehicle  by  the  secretary 
of  state,  which  book  or  index  shall  be  open  to  public  inspection 
during  reasonable  business  hours. 

4.  Certificate  of  registration.  Upon  the  filing  of  such  appli- 
cation and  the  payment  of  the  fee  hereinafter  provided,  the  secre- 
tary of  state  shall  assign  to  such  motor  vehicle  a distinctive  num- 
ber and,  without  expense  to  the  applicant,  issue  and  deliver  to 

18 


274 


the  owner  a 'Certificate  of  registration,  in  such  form  as  the  seere-  A 

tary  of  state  shall  prescribe,  and  two  number  plates.  In  the  event 
of  the  loss,  mutilation  or  destruction  of  any  certificate  of  registra- 
tion, number  plate,  license  or  badge,  the  owner  of  a registered 
motor  vehicle  or  manufacturer,  or  dealer,  or  chauffeur,  as  the  case 
may  be,  may  obtain  from  the  secretary  of  state  a duplicate  thereof 
upon  filing  in  the  office  of  the  secretary  of  state  an  affidavit  show- 
ing such  fact  and  the  payment  of  a fee  of  one  dollar. 

5.  Times  for  registration  and  reregistration.  Registration  ap- 
plied for  on  or  before  August  first,  nineteen  hundred  and  ten, 
shall  take  effect  on  that  date  and  certificates  issued  on  such  ap- 
plication or  under  any  application  made  prior  to  January  thirty- 
first,  nineteen  hundred  and  eleven,  shall  expire  on  the  latter  date. 

The  fees  for  such  registration  shall  be  one-half  of  the  annual  fees 

° * 

provided  herein.  Registration  thereafter  shall  be  renewed  an- 
nually in  the  same  manner  and  upon  payment  of  the  same  annual 
fee  as  provided  in  this  section  for  registration,  to  take  effect  on 
the  first  day  of  February,  in  each  year  beginning  with  such  date  ^ 

in  the  year  nineteen  hundred  and  eleven ; and  the  certificates  of 
registration  issued  thereunder  or  issued  between  any  such  dates 
shall  expire  on  the  succeeding  thirty-first  day  of  January. 

6.  Registration  fees.  The  following  fees  shall  be  paid  to  the 
secretary  of  state  upon  the  registration  or  reregistration  of  a 
motor  vehicle  in  accordance  with  the  provisions  of  this  article: 
five  dollars  upon  the  registration  of  a motor  vehicle  having  a rat- 
ing of  twenty-five  horse  power  or  less;  ten  dollars  upon  the  regis- 
tration of  a motor  vehicle  having  a rating  of  more  than  twenty- 
five  horse  power  and  less  than  thirty-five  horse  power;  fifteen 
dollars  upon  the  registration  of  a motor  vehicle  having  a rating 
of  thirty-five  horse  power  and  less  than  fifty  horse  power ; twenty- 
five  dollars  upon  the  registration  of  a motor  vehicle  having  a rat- 
ing of  fifty  horse  power  or  more ; provided  that  if  a motor  vehicle 
other  than  one  used  solely  for  commercial  purposes  shall  have 
been  licensed  for  four  separate  years  hereunder  and  for  which 

there  shall  have  been  paid  the  annual  registration  fees  herein  * 

provided  during  said  period,  the  annual  registration  fees  there- 
after shall  be  one-half  the  amount  ; and  further  provided  that  for 
motor  vehicles  which  are  used  or  to  be  used  solely  for  commercial 
purposes,  the  fee  for  such  registration  shall  be  five  dollars. 

7.  Fees  in  lieu  of  taxes.  The  registration  fees  imposed  by  this 
article  upon  motor  vehicles,  other  than  those  of  manufacturers  and 


275 


dealers  and  those  used  solely  for  commercial  purposes,  shall  he 
in  lieu  of  all  taxes,  general  or  local,  to  which  motor  vehicles  may 
be  subject. 

8.  Sale  and  registration  by  vendee.  Upon  the  sale  or  transfer 
of  a motor  vehicle  registered  in  accordance  with  this  section,  the 
vendor  shall  immediately  give  notice  thereof  with  the  name  and 
residence  of  the  vendee  to  the  secretary  of  state,  and  the  vendee 
shall,  within  ten  days  after  the  date  of  such  sale  or  transfer,  notify 
the  secretary  of  state  thereof  upon  a blank  furnished  promptly  by 
him  for  that  purpose,  stating  the  name  and  business  address  of 
the  previous  owner,  if  known,  the  number  under  which  such 
motor  vehicle  is  registered  and  the  name,  residence,  including 
county  and  business  address,  of  the  vendee.  Upon  filing  such 
statement  duly  verified  such  vendee  shall  pay  to  the  secretary  of 
state  a fee  of  one  dollar,  and  upon  receipt  of  such  statement  and 
fee  the  secretary  of  state  shall  file  such  statement  in  his  office  and 
note  upon  the  registration  book  or  index  such  change  in  ownership. 

9.  Upon  the  sale  of  a motor  vehicle  by  the  manufacturer  or 
dealer  the  vendee  shall  be  allowed  to  operate  the  same  upon  the 
public  highways  for  a period  of  fifteen  days  after  taking  posses- 
sion thereof  or  until  he  shall  have  received  his  certificate  of  regis- 
tration and  number  plates  from  the  secretary  of  state,  providing 
that  during  such  period  the  motor  vehicle  shall  have  attached 
thereto,  in  accordance  with  the  provisions  hereof,  a placard  bear- 
ing the  registration  number  of  the  dealer  under  which  it  might 
previously  have  been  operated,  and  provided,  further,  that  appli- 
cation for  registration  shall  be  made  by  mail  or  otherwise  before 
such  vehicle  shall  be  so  used. 

§ 283.  Distinctive  number;  form  of  number  plates. — 1.  Distinct- 
ive number  must  be  carried  on  motor  vehicles.  No  person  shall 
operate  or  drive  a motor  vehicle  on  the  public  highways  of  this 
state  after  the  first  day  of  August,  nineteen  hundred  and  ten, 
unless  such  vehicle  shall  have  a distinctive  number  assigned  to  it 
by  the  secretary  of  state  and  a number  plate  with  a number  corre- 
sponding to  that  of  the  certificate  of  registration  conspicuously 
displayed,  one  on  the  front  and  one  on  the  rear  of  such  vehicle, 
each  securely  fastened  so  as  to  prevent  the  same  from  swinging. 

2.  Number  plates  to  be  changed  annually.  Such  number  plates 
shall  be  of  a distinctly  different  color  each  year,  and  there  shall 
be  at  all  times  a marked  contrast  between  the  color  of  the  number 
plates  and  that  of  the  numerals  or  letters  thereon. 


3.  Form  of  number  plate.  Such  number  plate  shall  be  of 
metal,  at  least  six  inches  wide  and  not  less  than  fifteen  inches  in 
length,  on  which  there  shall  be  the  initials  “ N.  Y.,”  and  there 
shall  be  the  distinctive  number  assigned  to  the  vehicle  set  forth  in 
numerals  four  inches  long,  each  stroke  of  which  shall  be  at  least 
five-eighths  of  an  inch  in  width;  provided  that  in  the  case  of  a 
motor  vehicle  registered  by  a manufacturer  or  dealer  there  shall  be 
on  such  plate  in  addition  to  the  foregoing  the  letter  “ M,”  each 
stroke  of  such  letter  to  be  at  least  four  inches  long  and  five-eighths 
of  an  inch  in  width.  No  vehicle  shall  display  the  number  plates 
of  more  than  one  state  at  any  time. 

§ 284.  Registration  by  manufacturers  and  dealers;  reregistra- 
tion. 1.  Registration  by  manufacturers  pnd  dealers.  Every  per- 
son, firm,  association  or  corporation  manufacturing  or  dealing  in 
motor  vehicles  niay,  instead  of  registering  each  motor  vehicle  so 
manufactured  or  dealt  in,  make  a verified  application  upon  a blank 
to  be  furnished  by  the  secretary  of  state  for  a general  distinctive 
number  for  all  the  motor  vehicles  owned  or  controlled  by  such 
manufacturer  or  dealer,  such  application  to  contain:  (a)  A brief 
description  of  each  style  or  type  of  motor  vehicle  manufactured  or 
dealt  in  by  such  manufacturer  or  dealer,  including  the  character  of 
the  motor  power,  the  amount  of  such  motor  power  stated  in  figures 
of  horse  power  in  accordance  with  the  rating  established  by  the 
Association  of  Licensed  Automobile  Manufacturers;  and  (b)  the 
name,  residence,  including  county  and  business  address,  of  such 
manufacturer  or  dealer.  On  the  payment  of  the  registration  fee 
of  fifteen  dollars  such  application  shall  be  filed  and  registered  in 
the  office  of  the  secretary  of  state  in  the  manner  provided  in  sec- 
tion two  hundred  and  eighty-two  of  this  article.  There  shall  there- 
upon be  assigned  and  issued  to  such  manufacturer  or  dealer  a 
general  distinctive  number  and  without  expense  to  the  applicant 
issued  and  promptly  delivered  to  such  manufacturer  or  dealer  a 
certificate  of  registration  in  such  form  as  the  secretary  of  state 
shall  prescribe,  and  a number  plate  with  a number  corresponding 
to  the  number  of  such  certificate  of  registration.  Such  number 
plate  or  a duplicate  thereof  shall  be  displayed  by  every  motor 
vehicle  of  such  manufacturer  or  dealer  when  the  same  is  operated 
or  driven  on  the  public  highways.  Such  manufacturer  or  dealer 
may  obtain  as  many  duplicates  of  such  number  plate  as  may  be 
desired  upon  payment  to  the  secretary  of  state  of  one  dollar  for 
each  duplicate.  Nothing  in  this  subdivision  shall  be  construed  to 


277 


apply  to  a motor  vehicle  operated  by  a manufacturer  or  dealer  for 
private  use  or  for  hire. 

2.  Reregistration  annually.  Such  registration  shall  be  renewed 
annually  in  the  same  manner  and  on  the  payment  of  the  same  fee 
as  provided  in  this  section  for  original  registration,  such  renewal 
to  take  effect  on  the  first  day  of  February  of  each  year.  Pro- 
visions of  subdivision  five  of  section  two  hundred  and  eighty-two, 
relating  to  first  registrations  made  under  this  article  and  duration 
of  renewals,  shall  apply  to  registration  under  this  section. 

§ 285.  Exemption  of  nonresident  owners. — The  provisions  of 
the  foregoing  sections  relative  to  registration  and  display  of  regis- 
tration numbers  shall  not  apply  to  a motor  vehicle  owned  by  a 
nonresident  of  this  state,  other  than  a foreign  corporation  doing 
business  in  this  state,  provided  that  the  owner  thereof  shall  have 
complied  with  the  provisions  of  the  law  of  the  foreign  country, 
state,  territory  or  federal  district  of  his  residence  relative  to  regis- 
tration of  motor  vehicles  and  the  display  of  registration  numbers 
thereon,  and  shall  conspicuously  display  his  registration  numbers 
as  required  thereby.  The  provisions  of  this  section,  however,  shall 
be  operative  as  to  a motor  vehicle  owned  by  a nonresident  of  this 
state  only  to  the  extent  that  under  the  laws  of  the  foreign  country, 
state,  territory  or  federal  district  of  his  residence  like  exemptions 
and  privileges  are  granted  to  motor  vehicles  duly  registered  under 
the  laws  of  and  owned  by  residents  of  this  state. 

§ 286.  Signaling  and  other  devices;  signals;  rules  of  the  road. — 
1.  Brakes,  horns  and  lamps,  signaling  at  crossings.  Every 
motor  vehicle,  operated  or  driven  upon  the  public  highways  of 
this  state,  shall  be  provided  with  adequate  brakes  in  good  working 
order  and  sufficient  to  control  such  vehicle  at  all  times  when  the 
same  is  in  use,  and  a suitable  and  adequate  bell,  horn  or  other  de- 
vice for  signaling,  and  shall,  during  the  period  from  one-half 
hour  after  sunset  to  one-half  hour  before  sunrise,  display  at  least 
two  lighted  lamps  on  the  front  and  one  on  the  rear  of  such  vehicle, 
which  shall  also  display  a red  light  visible  from  the  rear.  The 
rays  of  such  rear  lamp  shall  shine  upon  the  number  plate  carried 
on  the  rear  of  such  vehicle  in  such  manner  as  to  render  the 
numerals  thereon  visible  for  at  least  fifty  feet  in  the  direction  from 
which  the  motor  vehicle  is  proceeding.  The  light  of  the  front 
lamps  shall  be  visible  at  least  two  hundred  feet  in  the  direction  in 
which  the  motor  vehicle  is  proceeding.  Every  person  operating 
or  driving  a motor  vehicle  on  the  public  highways  of  this  state 


278 


shall  also,  when  approaching  a cross  road  outside  the  limits  of  a 
city  or  incorporated  village,  slow  down  the  speed  of  the  same  and 
shall  sound  his  bell,  horn  or  other  device  for  signaling  in  such  a 
manner  as  to  give  notice  and  warning  of  his  approach. 

2.  Stopping  on  signal,  and  other  regulations.  A person  operat- 
ing or  driving  a motor  vehicle  shall,  on  signal  by  raising  the  hand, 
from  a person  riding,  leading  or  driving  a horse  or  horses  or  other 
draft  animals,  bring  such  motor  vehicle  immediately  to  a stop, 
and,  if  traveling  in  the  opposite  direction,  remain  stationary  so 
long  as  may  be  reasonable  to  allow  such  horse  or  animal  to  pass, 
and,  if  traveling  in  the  same  direction,  use  reasonable  caution  in 
thereafter  passing  such  horse  or  animal;  provided  that,  in  case 
such  horse  or  animal  appears  badly  frightened  or  the  person  operat- 
ing such  motor  vehicle  is  so  signaled  to  do,  such  person  shall  cause 
the  motor  of  such  vehicle  to  cease  running  so  long  as  shall  be  rea- 
sonably necessary  to  prevent  accident  and  insure  the  safety  of 
others.  In  approaching  or  passing  a car  of  a street  railway  which 
has  been  stopped  to  allow  passengers  to  alight  or  embark,  the 
operator  of  every  motor  vehicle  shall  slow  down  and  if  it  be  neces- 
sary for  the  safety  of  the  public  he  shall  bring  said  vehicle  to  a 
full  stop.  Upon  approaching  a pedestrian  who  is  upon  the  traveled 
part  of  any  highway  and  not  upon  a sidewalk,  and  upon  approach- 
ing an  intersecting  highway  or  a curve  or  a corner  in  a highway 
where  the  operator’s  view  is  obstructed,  every  person  operating  a 
motor  vehicle  shall  slow  down  and  give  a timely  signal  with  his 
bell,  horn  or  other  device  for  signaling. 

3.  Rules  of  the  road.  Whenever  a person  operating  a motor 
vehicle  shall  meet  on  a public  highway  any  other  person  riding 
or  driving  a horse  or  horses  or  other  draft  animals  or  any  other 
vehicle,  the  person  so  operating  such  motor  vehicle  shall  season- 
ably turn  the  same  to  the  right  of  the  center  of  such  highway  so 
as  to  pass  without  interference.  Any  such  person  so  operating 
a motor  vehicle  shall,  on  overtaking  any  such  horse,  draft  animal 
or  other  vehicle,  pass  on  the  left  side  thereof,  and  the  rider  or 
driver  of  such  horse,  draft  animal  or  other  vehicle  shall,  as  soon 
as  practicable,  turn  to  the  right  so  as  to  allow  free  passage  on 
the  left.  Any  such  person  so  operating  a motor  vehicle  shall, 
at  the  intersection  of  public  highways,  keep  to  the  right  of  the 
intersection  of  the  centers  of  such  highways  when  turning  to  the 
right  and  pass  to  the  right  of  such  intersection  when  turning 
to  the  left. 


279 


§ 287.  Speed  permitted. — Every  person  operating  a motor 
vehicle  on  the  public  highway  of  this  state  shall  drive  the  same 
in  a careful  and  prudent  manner  and  at  a rate  of  speed  so  as  not 
to  endanger  the  property  of  another  or  the  life  or  limb  of  any 
person;  provided,  that  a rate  of  speed  in  excess  of  thirty  miles 
an  hour  for  a distance  of  one-fourth  of  a mile  shall  be  presump- 
tive evidence  of  driving  at  a rate  of  speed  which  is  not  careful  and 
prudent. 

§ 288.  Local  ordinances  prohibited. — Except  as  herein  other- 
wise provided,  local  authorities  shall  have  no  power  to  pass,  en- 
force or  maintain  any  ordinance,  rule  or  regulation  requiring 
from  any  owner  or  chauffeur  to  whom  this  article  is  applicable 
any  tax,  fee,  license  or  permit  for  the  use  of  the  public  highways, 
or  excluding  any  such  owner  or  chauffeur  from  the  free  use  of 
such  public  highways,  excepting  such  driveways,  speedway  or 
road  as  has  been  or  may  be  expressly  set  apart  by  law  for  the 
exclusive  use  of  horses  and  light  carriages  or  in  any  other  way 
respecting  motor  vehicles  or  their  speed  upon  or  use  of  the  public 
highways;  and  no  ordinance,  rule  or  regulation  contrary  to  or 
in  anywise  inconsistent  with  the  provisions  of  this  article,  now 
in  force  or  hereafter  enacted,  shall  have  any  effect;  provided, 
however,  that  the  power  given  to  local  authorities  to  regulate 
vehicles  offered  to  the  public  for  hire,  and  processions,  assem- 
blages or  parades  in  the  streets  or  public  places,  and  all  ordi- 
nances, rules  and  regulations  which  may  have  been  or  which  may 
be  enacted  in  pursuance  of  such  powers  shall  remain  in  full 
force  and  effect ; and  provided,  further,  that  local  authorities 
may  set  aside  for  a given  time  a specified  public  highway  for 
speed  contests  or  races,  to  be  conducted  under  proper  restrictions 
for  the  safety  of  the  public;  and  provided,  further,  that  local 
authorities  may  exclude  motor  vehicles  from  any  cemetery  or 
grounds  used  for  the  burial  of  the  dead,  and  may  by  general 
rule,  ordinance  or  regulation  exclude  motor  vehicles  used  solely 
for  commercial  purposes  from  any  park  or  part  of  a park  system 
where  such  general  rule,  ordinance  or  regulation  is  applicable 
equally  and  generally  to  all  other  vehicles  used  for  the  same  pur- 
poses, and  provided  further  that  nothing  in  this  article  con- 
tained shall  impair  the  validity  or  effect  of  any  ordinances,  regu- 
lating the  speed  of  motor  vehicles,  or  of  any  traffic  regulations 
with  regard  to  the  operation  of  motor  vehicles,  heretofore  or 
hereafter  made,  adopted  or  prescribed  pursuant  to  law  in 


280 


any  city  of  the  first  class;  provided,  further,  that  the  local 
authorities  of  other  cities  and  incorporated  villages  may  limit 
by  ordinance,  rule  or  regulation  the  speed  of  motor  vehicles 
on  the  public  highways,  such  speed  limitation  not  to  be  in  any 
case  less  than  one  mile  in  four  minutes,  and  the  maintenance  of 
a greater  rate  of  speed  for  one-eighth  of  a mile  shall  be  presump- 
tive evidence  of  driving  at  a rate  of  speed  which  is  not  careful 
and  prudent,  and  on  further  condition  that  each  city  or  village 
shall  have  placed  conspicuously  on  each  main  public  highway 
where  the  city  or  village  line  crosses  the  same  and  on  every  main 
highway  where  the  rate  of  speed  changes,  signs  of  sufficient  size 
to  be  easily  readable  by  a person  using  the  highway,  bear- 
ing the  word,  “ City  of ” or  “ Incorporated  village  of 

,”  “ Slow  down  to  — miles”  (the  rate  being  inserted), 

and  also  an  arrow  pointing  in  the  direction  where  the  speed  is  to 
be  reduced  or  changed,  and  also  on  further  condition  that  such 
ordinance,  rule  or  regulation  shall  fix  the  punishment  for  violation 
thereof,  which  punishment  shall,  during  the  existence  of  the  ordi- 
nance, rule  or  regulation,  supersede  those  specified  in  subdivision 
two  of  section  two  hundred  and  ninety  of  this  chapter  but,  except 
in  cities  of  the  first  class,  shall  not  exceed  the  same.  Official 
copies  of  all  local  ordinances  passed  under  the  provisions  of  this 
subdivision  shall  be  filed  with  the  secretary  of  state  at  least  thirty 
days  before  they  shall  respectively  take  effect  and  all  such  local 
ordinances  shall  be  printed  in  pamphlet  form  and  issued  at  regular 
intervals  by  the  secretary  of  state. 

§ 289.  license  of  chauffeurs;  renewals. — 1.  License  of  chauf- 
feurs. Application  for  license  to  operate  motor  vehicles,  as  a 
chauffeur,  may  be  made,  by  mail  or  otherwise,  to  the  secretary  of 
state  or  his  duly  authorized  agent  upon  blanks  prepared  under  his 
authority.  The  secretary  of  state  shall  appoint  examiners  and 
cause  examinations  to  be  held  at  convenient  points  throughout  the 
state  as  often  as  may  be  necessary.  Such  applications  shall  be  ac- 
companied by  a photograph  of  the  applicant  in  such  numbers  and 
forms  as  the  secretary  of  state  shall  prescribe,  said  photograph  to 
be  taken  within  thirty  days  prior  to  the  filing  of  said  application 
and  to  be  accompanied  by  the  fee  provided  herein.  Before  such 
a license  is  granted  the  applicant  shall  pass  such  examination  as 
to  his  qualifications  as  the  secretary  of  state  shall  require,  and  no 
license  shall  be  issued  until  the  secretary  of  state  or  his  authorized 
agent  is  satisfied  that  the  applicant  is  a proper  person  to  receive  it. 


281 


No  chauffeur’s  license  shall  be  issued  to  any  person  under  eigh- 
teen years  of  age.  To  each  person  shall  be  assigned  some  distin- 
guishing number  or  mark,  and  the  license  issued  shall  be  in  such 
form  as  the  secretary  of  state  shall  determine;  it  may  contain 
special  restrictions  and  limitations  concerning  the  type  of  motor 
power,  horse  power,  design  and  other  features  of  the  motor  vehicles 
which  the  licensee  may  operate ; it  shall  contain  the  distinguishing 
number  or  mark  assigned  to  the  licensee,  his  name,  place  of  resi- 
dence and  address,  a brief  description  of  the  licensee  for  the  pur- 
pose of  identification  and  the  photograph  of  the  licensee.  Such 
distinctive  number  or  mark  shall  be  of  a distinctly  different  color 
each  year  and  in  any  year  shall  be  of  the  same  color  as  that  of  the 
number  plates  issued  for  that  year.  The  secretary  of  state  shall 
furnish  to  every  chauffeur  so  licensed  a suitable  metal  badge  with 
the  distinguishing  number  or  mark  assigned  to  him  thereon  with- 
out extra  charge  therefor.  This  badge  shall  thereafter  be  worn  by 
such  chauffeur  pinned  upon  his  clothing  in  a conspicuous  place, 
at  all  times  while  he  is  operating  or  driving  a motor  vehicle  upon 
the  public  highways.  Said  badge  shall  be  valid  only  during  the 
term  of  the  license  of  the  chauffeur  to  whom  it  is  issued  as  afore- 
said. Every  person  licensed  to  operate  motor  vehicles  as  aforesaid 
shall  indorse  his  usual  signature  on  the  margin  of  the  license,  in 
the  space  provided  for  the  purpose,  immediately  upon  receipt  of 
said  license,  and  such  license  shall  not  be  valid  until  so  indorsed. 
Every  application  for  license  filed  under  the  provisions  of  this 
section  shall  be  sworn  to  and  shall  be  accompanied  by  a fee  of  five 
dollars.  The  license  hereunder  granted  on  or  before  August  first, 
nineteen  hundred  and  ten,  shall  take  effect  on  that  date,  and  li- 
censes issued  prior  to  January  thirty-first,  nineteen  hundred  and 
eleven,  shall  expire  on  that  date.  The  fees  for  such  licenses  shall 
be  one-half  of  the  annual  fees  provided  herein. 

2.  Chauffeurs’  licensed  registration  book.  Upon  the  receipt  of 
such  an  application,  the  secretary  of  state  shall  thereupon  file  the 
same  in  his  office,  and  register  the  applicant  in  a book  or  index 
which  shall  be  kept  in  the  same  manner  as  the  book  or  index  for 
the  registration  of  motor  vehicles,  and  when  the  applicant  shall 
have  passed  the  examination  provided  for  in  the  preceding  section, 
the  number  or  mark  assigned  to  such  applicant  together  with  the 
fact  that  such  applicant  has  passed  such  examination  shall  be  noted 
in  said  book  or  index. 

3.  Unauthorized  possession  or  use  of  license  or  badge.  No 
chauffeur  having  been  licensed  as  herein  provided  shall  voluntarily 


282 


permit  any  other  person  to  possess  or  use  his  license  or  badge,  nor  < 

shall  any  person  while  operating  or  driving  a motor  vehicle  use  or 
possess  any  license  or  badge  belonging  to  another  person,  or  a 
fictitious  license  or  badge. 

4.  Unlicensed  chauffeurs  cannot  drive  motor  vehicle.  Uo  person  * 

shall  operate  or  drive  a motor  vehicle  as  a chauffeur  upon  a public 
highway  of  this  state  after  the  first  day  of  August,  nineteen  hun- 
dred and  ten,  unless  such  person  shall  .have  complied  in  all 

respects  with  the  requirements  of  this  section;  provided,  however, 
that  a nonresident  chauffeur,  who  has  registered  under  provisions 
of  law  of  the  foreign  country,  state,  territory  or  federal  district  of 
his  residence  substantially  equivalent  to  the  provisions  of  this 
section,  shall  be  exempt  from  license  under  this  section;  and  pro- 
vided, further,  he  shall  wear  the  badge  assigned  to  him  in  the 
foreign  country,  state,  territory  or  federal  district  of  his  residence 
in  the  manner  provided  in  this  section. 

5.  Renewal.  Such  license  shall  be  renewed  annually  upon  the 
payment  of  the  same  fee  as  provided  in  this  section  for  the  orig- 
inal license,  such  renewal  to  take  effect  on  the  first  day  of  Feb- 
ruary of  each  year. 

§ 290.  Punishment  for  violation;  procedure. — 1.  The  violation 
of  any  of  the  provisions  of  sections  two  hundred  and  eighty-two, 
two  hundred  and  eighty-three  and  two  hundred  and  eighty-four 
of  this  article  shall  cnstitute  a misdemeanor  punishable  by  a fine 
not  exceeding  fifty  dollars. 

2.  The  violation  of  any  of  the  provisions  of  section  two  hun- 
dred and  eighty-seven  of  this  article  shall  constitute  a misde- 
meanor punishable  by  a fine  not  exceeding  one  hundred  dollars. 

3.  Punishment  for  operating  motor  vehicle  while  in  an  intoxi- 
cated condition;  for  going  away  without  stopping  after  accident 
and  making  himself  known.  Whoever  operates  a motor  vehicle 
while  in  an  intoxicated  condition  shall  be  guilty  of  a misdemeanor. 

Any  person  operating  a motor  vehicle  who,  knowing  that  injury 
has  been  caused  to  a person  or  property,  due  to  the  culpability  of 
the  said  operator,  or  to  accident,  leaves  the  place  of  said  injury  or 
accident,  without  stopping  and  giving  his  name,  residence,  includ- 
ing street  and  street  number,  and  operator’s  license  number  to  the 
injured  party,  or  to  a police  officer,  or  in  case  no  police  officer  is 
in  the  vicinity  of  the  place  of  said  injury  or  accident,  then  report- 
ing the  same  to  the  nearest  police  station,  or  judicial  officer,  shall 
be  guilty  of  a felony  punishable  by  a fine  of  not  more  than  five 


283 


hundred  dollars  or  by  imprisonment  for  a term  not  exceeding  two 
years,  or  by  both  such  fine  and  imprisonment;  and  if  any  person 
be  convicted  a second  time  of  either  of  the  foregoing  offenses,  he 
shall  be  guilty  of  a felony  punishable  by  imprisonment  for  a term 
of  not  less  than  one  year  and  not  more  than  five  years.  A con- 
viction of  a violation  of  this  subdivision  shall  be  reported  forth- 
with by  the  trial  court  or  the  clerk  thereof  to  the  secretary  of 
state,  who  shall  upon  recommendation  of  the  trial  court  suspend 
the  license  of  the  person  so  convicted  or  if  he  be  an  owner  the  cer- 
tificate of  registration  of  his  motor  vehicle  and,  if  no  appeal  there- 
from be  taken,  or  if  an  appeal  duly  taken  be  dismissed,  or  the 
judgment  affirmed,  and  upon  notice  thereof  by  said  clerk,  the  secre- 
tary of  state  shall  revoke  such  license  or  in  the  case  of  an  owner 
the  certificate  of  registration  of  his  motor  vehicle,  and  shall  order 
the  license  or  certificate  of  registration  delivered  to  the  secretary 
of  state,  and  shall  not  reissue  to  him  said  license  or  certificate  of 
registration  or  any  other  license  or  certificate  of  registration  unless 
the  secretary  of  state  in  his  discretion,  after  an  investigation  or 
upon  a hearing,  decides  to  reissue  or  issue  such  license  or  certifi- 
cate. 

4.  Any  chauffeur  operating  a motor  vehicle  while  his  license  is 
suspended  or  revoked  shall  be  guilty  of  a misdemeanor. 

5.  Any  person  who  operates  any  motor  vehicle  while  a certifi- 
cate of  registration  of  motor  vehicle  issued  to  him  is  suspended  or 
revoked  shall  be  guilty  of  a misdemeanor. 

6.  Upon  a third  or  subsequent  conviction  of  a chauffeur  for  a 
violation  of  the  provisions  of  section  two  hundred  and  eighty-seven, 
or  an  ordinance,  rule  or  regulation  regulating  speed  of  motor 
vehicles  under  section  two  hundred  and  eighty-eight,  the  secretary 
of  state,  upon  the  recommendation  of  the  trial  court,  shall  forth- 
with revoke  the  license  of  the  person  so  convicted  and  no  new 
license  shall  be  issued  to  such  person  for  at  least  six  months  after 
the  date  of  such  conviction  nor  thereafter  except  in  the  discretion 
of  the  said  secretary  of  state. 

7.  The  violation  of  any  of  the  provisions  of  section  two  hun- 
dred and  eighty-nine  of  this  article  shall  constitute  a misde- 
meanor punishable  by  a fine  not  exceeding  fifty  dollars. 

8.  Any  person  making  a false  statement  in  the  verified  appli- 
cation for  registration  shall  be  guilty  of  a misdemeanor  punish- 
able by  a fine  of  not  exceeding  fifty  dollars. 

9.  Any  person  violating  any  of  the  provisions  of  any  section 
of  this  article  for  which  violation  no  punishment  has  been  speci- 


284 


tied,  shall  be  guilty  of  a misdemeanor  punishable  by  a fine  of  * 

not  exceeding  twenty-five  dollars. 

10.  Certifying  conviction  to  the  secretary  of  state.  Upon  the 
conviction  of  any  person  for  a violation  of  any  of  the  provisions 
of  this  article  the  trial  court  or  the  clerk  thereof  shall  immediately 
certify  the  facts  of  the  case,  including  the  name  and  address  of 
the  offender,  the  judgment  of  the  court  and  the  sentence  im- 
posed, to  the  secretary  of  state,  who  shall  enter  the  same  either 
in  the  book  or  index  of  registered  motor  vehicles  or  in  the  book 
or  index  of  registered  chauffeurs,  as  the  case  may  be,  opposite 
the  name  of  the  person  so  convicted,  and  in  the  case  of  any 
other  person,  in  a book  or  index  of  offenders  to  be  kept  for  such 
purpose.  If  any  such  conviction  shall  be  reversed  upon  appeal 
therefrom,  the  person  whose  conviction  has  been  so  reversed  may 
serve  on  the  secretary  of  state  a certified  copy  of  the  order  of 
reversal,  whereupon  the  secretary  of  state  shall  enter  the  same 
in  the  proper  book  or  index  in  connection  with  the  record  of 
such  conviction. 

11.  Release  from  custody,  bail,  et  cetera.  In  case  any  person 
shall  be  taken  into  custody  charged  with  a violation  of  any  of  the 
provisions  of  this  article,  he  shall  forthwith  be  taken  before  the 
nearest  magistrate,  captain,  lieutenant,  clerk  of  the  court  or  act- 
ing lieutenant  who  shall  have  the  power  of  a magistrate  and  be 
entitled  to  an  immediate  hearing  or  admission  to  bail,  and  if  such 
hearing  cannot  then  be  had,  be  released  from  custody  on  giving  a 
bond  or  undertaking,  executed  by  a fidelity  or  surety  company  au- 
thorized to  do  business  in  this  state,  or  other  bail  in  the  form  pro- 
vided by  section  five  hundred  and  sixty-eight  of  the  code  of  crim- 
inal procedure,  such  bond  or  undertaking  to  be  in  an  amount  not 
exceeding  one  hundred  dollars,  if  the  charge  be  for  a misdemeanor, 
for  his  appearance  to  answer  for  such  violation  at  such  time  and 
place  as  shall  then  be  indicated.  In  case  a person  is  taken  into 
custody  charged  with  being  guilty  of  a felony  in  violation  of  any 
of  the  provisions  of  this  article,  such  bond  or  undertaking  shall 
be  in  an  amount  not  less  than  one  thousand  dollars.  On  giving 
his  personal  undertaking  to  appear  to  answer  any  such  violation 
at  such  time  and  place  as  shall  then  be  indicated,  secured  by  the 
deposit  of  a sum  of  money  equal  to  the  amount  of  such  bond  or 
undertaking,  or  in  lieu  thereof,  in  case  the  person  taken  into  cus- 
tody is  the  owner,  by  leaving  the  motor  vehicle,  or  in  case  such 
person  taken  into  custody  is  not  the  owner,  by  leaving  the  motor 


285 


vehicle  as  herein  provided  with  a written  consent  given  at  the 
time  by  the  owner  who  must  be  present,  with  such  officer ; or  in 
case  such  person  is  taken  into  custody  because  of  a violation  of 
any  of  the  provisions  of  this  article  other  than  on  a charge  of 
violating  any  of  the  provisions  of  subdivision  three  of  section  two 
hundred  and  ninety  and  such  officer  is  not  accessible,  be  forthwith 
released  from  custody  on  giving  his  name  and  address  to  the  per- 
son making  the  arrest  and  depositing  with  such  arresting  officer 
the  sum  of  one  hundred  dollars,  or  in  lieu  thereof,  in  case  the 
person  taken  into  custody  is  the  owner,  by  leaving  the  motor 
vehicle,  or  in  case  such  person  taken  into  custody  is  not  the  owner, 
by  leaving  the  motor  vehicle  with  a written  consent  at  the  time 
by  the  owner  who  must  be  present;  provided  that,  in  any  such 
case,  the  officer  making  the  arrest  shall  give  a receipt  in  writing 
for  such  sum  or  vehicle  deposited  and  notify  such  person  to  appear 
before  the  most  accessible  magistrate,  describing  him,  and  specify- 
ing the  place  and  hour.  In  case  such  bond  or  undertaking  shall 
not  be  given  or  deposit  made  by  the  owner  or  other  person  taken 
into  custody  the  provisions  of  law  in  reference  to  bail,  in  cases  of 
misdemeanor,  shall  apply.  Where  the  charge  is  a violation  of  sub- 
division three  of  section  two  hundred  and  ninety  of  this  article, 
the  provisions  of  law  in  reference  to  bail  in  cases  of  a misdemeanor 
or  a felony  as  the  case  may  be  shall  apply  exclusively. 

12.  Holding  defendant  to  answer  where  magistrate  has  not 
jurisdiction  to  try  offender;  admitting  to  bail.  In  case  the  mag- 
istrate before  whom  any  person  shall  be  taken,  charged  with  the 
violation  of  any  provision  of  this  article,  shall  not  have  jurisdic- 
tion to  try  the  defendant,  but  shall  hold  the  defendant  to  answer 
as  provided  by  section  two  hundred  and  eight  of  the  code  of  crim- 
inal procedure,  he  shall  admit  such  defendant  to  bail  upon  his 
giving  a surety  company’s  bond  or  undertaking  to  appear  to  an- 
swer for  such  violation  at  such  time  and  place  as  shall  then  be 
indicated,  or  upon  his  giving  a written  undertaking  in  the  form 
provided  in  section  five  hundred  and  sixty-eight  of  the  code  of 
criminal  procedure  in  a sum  not  exceeding  one  hundred  dollars, 
except  that  in  a case  where  the  defendant  is  charged  with  a viola- 
tion of  any  of  the  provisions  of  subdivision  three  of  section  two 
hundred  and  ninety  of  this  article,  the  provisions  of  law  in  refer- 
ence to  bail  in  cases  of  a misdemeanor  or  a felony  as  the  case  may 
be  shall  apply  exclusively. 

13.  Disposition  and  return  of  bail.  Such  bail  as  may  be  de- 
posited as  herein  provided  shall  be  held  by  the  officer  accepting  the 


286 


same  or  the  clerk  of  the  court.  Upon  the  person  who  has  been 
taken  into  custody  and  given  security  or  hail  for  his  appearance 
surrendering  himself  for  trial  and  upon  the  conclusion  of  such 
trial  the  court  shall  issue  to  the  defendant  an  order  upon  the  mag- 
istrate  or  clerk  of  the  court  or  other  officer  authorized  to  accept 
hail  to  return  or  deliver  hack  said  security  or  hail  as  was  given. 

14.  A conviction  of  violation  of  any  provision  of  this  article 
shall  not  he  a har  to  a prosecution  for  an  assault  or  for  a homicide 
committed  hy  any  person  in  operating  a motor  vehicle. 

§ 291.  Disposition  of  registration  fees;  fines  and  penalties. — 

1.  The  registration  fees  provided  herein  shall  he  paid  by  the 
secretary  of  state  into  the  state  treasury. 

2.  Disposition  of  fines  and  penalties.  On  the  first  day  of  each 
month  or  within  ten  days  thereafter  all  fines,  penalties  or  for- 
feitures collected  for  violations  of  any  of  the  provisions  of  this 
article  or  of  any  act  in  relation  to  the  use  of  the  public  highways 
hy  motor  vehicles  now  in  force  or  hereafter  enacted,  under  the 
sentence  or  judgment  of  any  court,  judge,  magistrate  or  other 
judicial  officer  having  jurisdiction  in  the  premises,  shall  be  paid 
over  by  such  court,  judge,  magistrate  or  other  judicial  officer 
to  the  treasurer  of  the  state,  with  a statement  accompanying  the 
same,  setting  forth  the  action  or  proceeding  in  which  such  moneys 
were  collected,  the  name  and  residence  of  the  defendant,  the 
nature  of  the  offense,  and  the  fine,  penalty,  sentence  or  judg- 
ment imposed.  On  the  first  day  of  each  month  or  within  ten 
days  thereafter,  every  judge,  magistrate  or  clerk  of  a court  having 
jurisdiction  of  the  violation  of  any  of  the  provisions  of  this  article, 
shall  make  and  forward  to  the  treasurer  of  the  state,  a verified 
report  of  all  criminal  actions  or  proceedings  instituted  or  tried 
before  him  or  it  during  the  preceding  calendar  month  for  viola- 
tion of  any  of  the  provisions  of  this  article,  which  report  shall 
set  forth  the  name  and  address  of  the  defendants,  the  nature  of 
the  offenses  and  the  fines  and  penalties  collected  or  imposed  hy 
such  court,  judge,  magistrate  or  judicial  officer,  which  report 
shall  he  open  to  inspection  during  reasonable  business  hours  to 
any  citizen  of  the  state.  On  or  before  the  first  day  of  February 
of  each  year,  the  treasurer  shall  transmit  to  each  branch  of  the 
legislature  a statement  showing  the  amount  of  the  receipts  under 
this  article  during  the  preceding  fiscal  year  paid  into  the  state 
treasury. 

3.  All  moneys  paid  into  the  state  treasury  pursuant  to  this 
article  shall  be  appropriated  and  used  for  the  maintenance  and 


repair  of  the  improved  ro'ads  of  the  state,  under  the  direction  of 
the  state  commission  of  highways. 

§ 292.  Hates  of  toll  on  motor  vehicles. — Where  a different 
rate  is  not  otherwise  prescribed  or  permitted  by  law,  any  person 
or  corporation  maintaining  a plankroad,  turnpike  road  or  bridge 
and  authorized,  or  which  shall  be  hereafter  authorized,  to  receive 
tolls  for  the  passage  of  vehicles  over  the  same,  may  charge  and 
receive  for  each  and  every  motor  vehicle  propelled  by  any  power 
other  than  animal  power,  passing  over  the  same,  a toll  rate  not 
greater  than  the  maximum  rate  allowed  by  law  to  be  charged 
and  received  for  the  passage  of  a vehicle  drawn  over  such  road 
or  bridge  by  two  animals,  provided  that  for  such  motor  vehicles 
designed  to  carry  only  two  persons  the  rate  of  toll  charged  or 
received  shall  not  exceed  the  maximum  rate  allowed  by  law  to 
be  charged  and  received  for  the  passage  of  a vehicle  drawn  over 
such  road  or  bridge,  without  a load,  by  a single  animal. 

§ 293.  Acts  repealed. — ‘All  acts  or  parts  of  acts  inconsistent 
with  this  article  or  contrary  thereto  are  hereby  expressly  repealed. 

ARTICLE  XII. 

Miscellaneous  Provisions. 

Section  320.  Construction  or  improvement  of  highways  by  county  and  town. 

321.  When  commissioners  do  not  act. 

322.  Intemperate  drivers  not  to  be  engaged. 

323.  Drivers,  when  to  be  discharged. 

324.  Leaving  horses  without  being  tied. 

325.  Owners  of  certain  carriages  liable  for  acts  of  drivers. 

326.  Term  “ carriage  ” defined. 

327.  Entitled  to  free  use  of  highways. 

328.  Depositing  ashes,  stones,  sticks,  etc.,  upon  the  highways. 

329.  Steam  traction  engines  on  highways. 

330.  Injuries  to  highways. 

331.  When  town  not  liable  for  damages. 

332.  Law  of  the  road. 

333.  Trees,  to  whom  they  belong. 

334.  Injuring  fruit  or  shade  trees. 

335.  Penalty  for  falling  trees. 

336.  Fallen  trees  to  be  removed. 

337.  Penalties,  how  recovered. 

338.  Acquisition  of  plank  roads. 

339.  Borrowing  money;  bonds. 

340.  Raising  money  to  pay  bonds  and  interest. 

341.  Roads  so  acquired  to  be  part  of  highway  system. 

342.  When  road  is  in  two  or  more  counties. 

343.  Albany  post  road;  railroad  tracks  thereon. 


288 


§ o20.  Construction  or  improvement  of  highways  by  county  and 
town. — The  board  of  supervisors  of  a county  may  provide  for 
the  construction  or  improvement  of  a highway  or  section  thereof 
in  one  or  more  towns  of  the  county  at  the  joint  expense  of  the 
county  and  town,  as  provided  in  this  section.  The  board  may,  by 
resolution,  direct  the  district  or  county  superintendent  to  exam- 
ine  such  highway  or  section  thereof,  and  if  the  board  considers 
such  highway  or  section  thereof  to  be  of  sufficient  importance  to 
be  constructed  or  improved  as  provided  herein,  it  shall  direct  such 
district  or  county  superintendent  to  prepare  or  cause  to  be  pre- 
pared maps,  plans,  specifications  and  estimates  therefor.  Upon 
the  completion  of  such  preliminary  maps,  plans,  specifications  and 
estimates  they  shall  be  submitted  to  the  board  of  supervisors  for 
approval,  and  such  board  may  thereupon  adopt  a resolution  pro* 
viding  for  the  construction  or  improvement  of  such  highway  in  ac- 
cordance with  such  plans,  specifications  and  estimates.  The  board 
of  supervisors  shall  award  contracts  for  the  construction  or  im- 
provement of  such  highway  and  the  provisions  of  section  one  hun- 
dred and  thirty  of  this  chapter  shall  apply  so  far  as  may  be  to  such 
contracts.  Such  contract  may  be  awarded  to  the  town  board  of 
any  town  in  which  such  highway  or  section  thereof  is  located  and 
the  provisions  of  section  one  hundred  and  thirty-one  of  this  chap- 
ter shall  apply  thereto  so  far  as  may  be.  The  board  of  supervisors 
shall  determine  the  portion  of  the  cost  of  the  construction  or  im- 
provement of  such  highway  to  be  borne  by  the  county  and  the 
portion  to  be  borne  by  the  town  or  towns  in  which  such  highway  is 
located.  The  amount  so  determined  to  be  borne  by  the  county  shall 
be  levied  and  collected  as  a county  charge  and  paid  into  the  county 
treasury.  The  amount  to  be  borne  by  the  town  or  towns  in  which 
the  highway  is  located  shall  be  levied  and  collected  as  a town 
charge  and  when  collected  shall  be  paid  into  the  county  treasury. 
The  amount  so  paid  by  the  town  shall  not  be  considered  in  deter- 
mining the  minimum  amount  to  be  levied  and  collected  in  each 
year  for  the  repair  and  improvement  of  highways  as  provided  in 
section  ninety-four  of  this  chapter  nor  shall  such  amount  be  con- 
sidered in  determining  the  amount  to  be  paid  by  the  state  to  the 
town  for  the  repair  and  improvement  of  the  highways  therein. 
The  resolution  of  the  board  of  supervisors  providing  for  the  con- 
struction or  improvement  of  such  highway  may  authorize  the 
county  treasurer  of  the  county  or  the  supervisors  of  the  respective 
towns  to  borrow  money  on  the  faith  and  credit  of  the  county  or  of 
such  towns  to  pay  the  portion  of  the  cost  of  such  construction  or 


289 


improvement  to  be  borne  respectively  by  the  county  or  such  town 
or  towns.  Such  resolution  may  also  provide  for  the  issue  and  sale 
of  such  bonds  and  shall  conform  so  far  as  may  be  with  the  pro- 
visions of  this  chapter  relating  to  a resolution  authorizing  a town 
to  borrow  money  for  highway  purposes. 

The  construction  or  improvement  authorized  by  such  resolu- 
tions shall  be  done  under  the  supervision  and  direction  of  the 
district  or  county  superintendent.  Payments  therefor  shall  be 
made  from  time  to  time  by  the  county  treasurer  upon  the  certifi- 
cate of  the  district  or  county  superintendent  indorsed  by  the  chair- 
man of  the  board  of  supervisors.  Such  highways,  when  com- 
pleted and  accepted  by  the  board  of  supervisors,  shall  be  there- 
after repaired  and  maintained  at  the  sole  expense  of  the  towns  in 
which  they  are  located,  unless  the  board  of  supervisors  shall  ap- 
portion a share  of  the  expense  thereof  upon  the  county. 

§ 321.  When  commissioners  do  not  act. — When  a commissioner 
or  other  officer  appointed  by  a court  under  this  chapter  shall  neg- 
lect or  be  prevented  from  serving,  the  courts  which  appointed  him 
shall  appoint  another  in  his  place. 

§ 322.  Intemperate  drivers  not  to  be  engaged. — No  person  own- 
ing any  carriage  for  the  conveyance  of  passengers,  running  or 
traveling  upon  any  highway  or  road,  shall  employ,  or  continue  in 
employment,  any  person  to  drive  such  carriage  who  is  addicted  to 
drunkenness,  or  to  the  excessive  use  of  spirituous  liquors ; and  if 
any  such  owner  shall  violate  the  provisions  of  this  section,  he  shall 
forfeit  at  the  rate  of  five  dollars  per  day,  for  all  the  time  during 
which  he  shall  have  kept  any  such  driver  in  his  employment. 

§ 323.  Drivers,  when  to  be  discharged. — If  any  driver,  while 
actually  employed  in  driving  any  such  carriage,  shall  be  guilty  of 
intoxication,  to  such  a degree  as  to  endanger  the  safety  of  the  pas- 
sengers in  the  carriage,  the  owner  of  such  carriage  shall,  on  receiv- 
ing written  notice  of  the  fact,  signed  by  any  one  of  said  passen- 
gers, and  certified  by  him  on  oath,  forthwith  discharge  such  driver 
from  his  employment ; and  every  such  owner,  who  shall  retain,  or 
have  in  his  service  within  six  months  after  the  receipt  of  such 
notice,  any  driver  who  shall  have  been  so  intoxicated,  shall  forfeit 
at  the  rate  of  five  dollars  per  day,  for  all  the  time  during  which 
he  shall  keep  any  such  driver  in  his  employment  after  receiving 
such  notice. 

§ 324.  leaving  horses  without  being  tied. — No  driver  of  any 
carrige  used  for  the  purpose  of  conveying  passengers  for  hire  shall 
19 


290 


leave  the  horse  attached  thereto,  while  passengers  remain  in  the 
same,  without  first  making  such  horses  fast  with  a sufficient  halter, 
rope  or  chain,  or  by  placing  the  lines  in  the  hands  of  some  other 
person  so  as  to  prevent  their  running ; and  if  any  such  driver  shall 
offend  against  the  provisions  of  this  section,  he  shall  forfeit  the 
sum  of  twenty  dollars. 

§ 325.  Owners  of  certain  carriages  liable  for  acts  of  drivers. — 

The  owners  of  every  carriage  running  or  traveling  upon  any  turn- 
pike, road  or  highway,  for  the  conveyance  of  passengers,  shall  be 
liable  jointly  and  severally,  to  the  party  injured,  for  all  injuries 
and  damages  done  by  any  person  in  the  employment  of  such  own- 
ers, as  a driver,  while  driving  such  carriage,  whether  the  act 
occasioning  such  injury  or  damage  be  wilful  or  negligent,  or 
otherwise,  in  the  same  manner  as  such  driver  would  be  liable. 

§ 326.  Term  “carriage”  defined. — The  term  “ carriage  ” as 
used  in  this  article  shall  be  construed  to  include  stage  coaches, 
wagons,  carts,  sleighs,  sleds,  automobiles  or  motor  vehicles,  and 
every  other  carriage  or  vehicle  used  for  the  transporation  of  per- 
sons and  goods,  or  either  of  them,  and  bicycles,  tricycles  and  all 
other  vehicles  propelled  by  manumotive  or  pedomotive  power,  or 
by  electricity,  steam,  gasoline  or  other  source  of  energy. 

§ 327.  Entitled  to  free  use  of  highways. — The  commissioners, 
trustees  or  other  authorities  having  charge  or  control  of  any  high- 
way, public  street,  park,  parkway,  driveway,  or  place,  shall  have 
no  power  or  authority  to  pass,  enforce  or  maintain  any  ordinance, 
rule  or  regulation  by  which  any  person  using  a bicycle  or  tricycle 
shall  be  excluded  or  prohibited  from  the  free  use  of  any  highway, 
public  street,  avenue,  roadway,  driveway,  parkway,  park,  or 
place,  at  any  time  when  the  same  is  open  to  the  free  use  of  persons 
having  and  using  other  pleasure  carriages,  except  upon  such 
driveway,  speedway  or  road  as  has  been  or  may  be  expressly  set 
apart  by  law  for  the  exclusive  use  of  horses  and  light  carriages. 
But  nothing  herein  shall  prevent  the  passage,  enforcement  or 
maintenance  of  any  regulation,  ordinance  or  rule,  regulating  the 
use  of  bicycles  or  tricycles  in  highways,  public  streets,  driveways, 
parks,  parkways,  and  places,  or  the  regulation  of  the  speed  of 
carriages,  vehicles  or  engines,  in  public  parks  and  upon  parkways 
and  driveways  in  the  city  of  New  York,  under  the  exclusive  juris- 
diction and  control  of  the  department  of  parks  of  said  city,  nor 
prevent  any  such  commissioners,  trustees  or  other  authorities  in 
any  other  city  from  regulating  the  speed  of  any  vehicles  herein 
described  in  such  manner  as  to  limit  and  determine  the  proper 


291 


rat©  of  speed  with  which  such  vehicle  may  be  propelled  nor  in 
such  manner  as  to  require,  direct  or  prohibit  the  use  of  bells, 
lamps  and  other  appurtenances  nor  to  prohibit  the  use  of  any 
vehicle  upon  that  part  of  the  highway,  street,  park,  or  parkway, 
commonly  known  as  the  footpath  or  sidewalk. 

§ 328.  Depositing  ashes,  stones,  sticks,  etc.,  upon  the  highway. — 
Any  person  who  shall  deposit  or  throw  loose  stones  in  the  gutter 
or  grass  adjoining  a highway,  or  shall  deposit  or  throw  upon  a 
highway,  ashes,  papers,  stones,  sticks,  or  other  rubbish,  shall  be 
liable  to  a penalty  of  ten  dollars  to  be  sued  for  and  recovered  by 
the  town  superintendent.  USTo  stone  or  other  rubbish  shall  be 
drawn  to  and  deposited  within  the  limits  of  any  highway,  except 
for  the  purpose  of  tilling  in  a depression  or  otherwise  improving 
the  highway,  without  the  consent  and  under  the  direction  of  the 
town  superintendent. 

§ 329.  Steam  traction  engines  on  highways. — The  owner  of  a 
steam  roller,  steam  traction  engine  or  any  other  machinery,  either 
propelled  or  driven  by  steam,  his  servant  or  agent  shall  not  allow, 
permit  or  use  the  same,  pass  over,  through  or  upon  any  public 
highway  or  street  except  upon  railroad  tracks,  unless  such  owner 
or  his  agents  or  servant  shall  send  before  the  same  a person  of 
mature  age,  at  least  one-eighth  of  a mile  in  advance,  who  shall 
notify  and  warn  persons  traveling  and  using  such  highway  or 
street  with  horses  or  other  domestic  animals,  of  the  approach 
thereof,  and  at  night  such  person  shall  carry  a red  light,  except 
in  incorporated  villages  and  cities. 

Damages  for  failure  to  comply.  Where  a steam  roller  is  used  upon  the 
highway  without  sending  a person  ahead  to  warn  travelers  of  its  approach, 
and  the  plaintiff’s  horse  is  frightened  thereby,  a verdict  for  the  plaintiff  is 
warranted  if  there  be  no  contributory  negligence  on  his  part.  Buchanan’s 
Sons  v.  Cranford  Co.,  112  App.  Div.  278,  98  App.  Div.  378  (1906). 

§ 330.  Injuries  to  highways.— Whoever  shall  injure  any  high- 
way or  bridge  maintained  at  the  public  expense,  by  obstructing 
or  diverting  any  creek,  water-course  or  sluice,  or  by  dragging 
logs  or  timber  on  its  surface  or  by  drawing  or  propelling  over  the 
same  a load  of  such  weight  as  to  injure  or  destroy  the  culverts 
or  bridges  along  the  same,  or  of  such  weight  that  will  destroy,  break 
or  injure  the  surface  of  any  improved  state,  county  or  town  high- 
way, or  by  any  other  act,  or  shall  injure,  deface  or  destroy  any 
mile-stone  or  guide-post  erected  on  any  highway,  shall  for  every 
such  offense  forfeit  treble  damages. 

Amended  by  L.  1910,  cli.  568. 


292 


§ 331.  When  town  not  liable  for  damages. — No  town  shall  be  * 

liable  for  any  damage  resulting  to  person  or  property  by  the 
reason  of  the  breaking  of  any  bridge,  sluice  or  culvert,  by  trans- 
portation on  the  same  of  any  traction  engine,  portable  piece  of 
machinery,  or  of  any  vehicle  or  load,  together  weighing  eight 
tons  or  over,  but  any  owner  thereof  or  other  person  engaged  in 
transporting  or  directing  the  same  shall  be  liable  for  all  damages 
resulting  therefrom. 

§ 332.  Law  of  the  road. — 1.  Whenever  any  persons  traveling 
with  any  carriages,  or  riding  horses  or  other  animals,  shall  meet 
on  any  turnpike  road  or  highway,  the  persons  so  meeting  shall 
seasonably  turn  their  carriages,  horses,  or  other  animals  to  the 
right  of  the  center  of  the  road,  so  as  to  permit  such  carriages, 
horses,  or  other  animals  to  pass  without  interference  or  inter- 
ruption. 

2.  Any  carriage  or  the  rider  of  a horse  or  other  animal,  over- 

taking another  shall  pass  on  the  left  side  of  the  overtaken  car- 
riage, horse  or  other  animal.  When  requested  to  do  so,  the  4 

driver  or  person  having  charge  of  any  carriage,  horse  or  other 

animal,  traveling,  shall,  as  soon  as  practicable,  turn  to  the  right, 
so  as  to  allow  any  overtaking  carriage,  horse  or  other  animal  free 
passage  on  his  left. 

3.  In  turning  corners  to  the  right,  carriages,  horses  or  other 
animals  shall  keep  to  the  right  of  the  center  of  the  road.  In 
turning  corners  to  the  left,  they  shall  pass  to  the  right  of  the 
center  of  intersection  of  the  two  roads. 

4.  Any  person  neglecting  to  comply  with,  or  violating  any 
provision  of  this  section  shall  be  liable  to  a penalty  of  five  dollars 
to  be  recovered  by  the  party  injured,  in  addition  to  all  damages 
caused  by  such  neglect  or  violation. 

§ 333.  Trees;  to  whom  they  belong.— All  trees  standing  or 
lying  on  any  land  within  the  bounds  of  any  highway,  shall  be  for  * 

the  proper  use  of  the  owner  or  occupant  of  such  land,  except 
that  they  may  be  required  to  repair  the  highway  or  bridges  of 
the  town.  * 

§ 334.  Injuring  fruit  or  shade  trees. — It  shall  be  unlawful 
for  any  person  or  persons  whatsoever  in  this  state  to  hitch  any 
horse  or  other  animal  to  or  leave  the  same  standing  near  enough 
to  injure  any  fruit  or  forest  tree  growing  within  the  bounds  of 
the  public  highway,  or  used  as  a shade  or  ornamental  tree  around 
any  schoolhouse,  church  or  public  building,  or  to  cut  down  or 


293 


mutilate  in  any  way  any  snch  ornamental  or  shade  tree;  but  the 
right  of  property  owners  along  the  highway  to  cultivate,  train  and 
use  such  shade  trees  shall  not  be  impaired  or  abridged  hereby. 
Any  person  or  persons  guilty  of  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  misdemeanor,  and  shall  be  pun- 
ishable by  a fine  of  not  less  than  five  dollars,  nor  more  than 
twenty-five  dollars  for  each  such  offense,  and  in  case  of  failure  to 
pay  any  fine  imposed,  may  be  committed  to  jail,  not  exceeding 
one  day  for  each  dollar  of  such  fine.  Courts  of  special  sessions  hav- 
ing jurisdiction  to  try  misdemeanors,  as  provided  by  section  fifty- 
six  of  the  code  of  criminal  procedure,  shall  have  exclusive  juris- 
diction to  try  offenders  in  all  cases  occurring  in  the  same  manner 
as  in  other  cases,  where  they  now  have  jurisdiction,  and  subject 
to  the  same  power  of  removal,  and  to  render  and  enforce  judg- 
ments, to  the  extent  herein  provided.  All  fines  collected  under  the 
provisions  of  this  act  shall  be  paid  when  the  offense  is  committed 
in  a town  outside  of  incorporated  villages,  to  the  supervisor  of 
the  town,  to  be  used  as  the  town  board  and  town  superintendent 
may  direct.  When  the  offense  is  committed  in  any  village  of 
the  county,  which  by  law  is  constituted  a separate  road  district, 
the  fine  shall  be  paid  to  the  treasurer  of  said  village,  to  be  used 
as  the  board  of  trustees  may  direct. 

§ 335.  Penalty  for  falling  trees. — If  any  person  shall  cut  down 
any  tree  on  land  not  occupied  by  him,  so  that  it  shall  fall  into  any 
highway,  river  or  stream,  unless  by  the  order  and  consent  of  the 
occupant,  the  person  so  offending  shall  forfeit  to  such  occupant 
the  sum  of  one  dollar  for  every  tree  so  fallen,  and  the  like  sum  for 
every  day  the  same  shall  remain  in  the  highway,  river  or  stream. 

§ 336.  Fallen  trees  to  be  removed. — If  any  tree  shall  fall,  or  be 
fallen  by  any  person  from  any  inclosed  land  into  any  highway, 
any  person  may  give  notice  to  the  occupant  of  the  land  from  which 
the  tree  shall  have  fallen,  to  remove  the  same  within  two  days ; if 
such  tree  shall  not  be  removed  within  that  time,  but  shall  continue 
in  the  highway,  the  occupant  of  the  land  shall  forfeit  the  sum  of 
fifty  cents  for  every  day  thereafter,  until  the  tree  shall  be  removed. 

§ 337.  Penalties,  how  recovered. — All  penalties  or  forfeitures 
given  in  this  chapter,  and  not  otherwise  specially  provided  for, 
shall  be  recovered  by  the  town  superintendent,  in  the  name  of  the 
town  in  which  the  offense  shall  be  committed;  and  when  recov- 
ered, shall  be  applied  by  them  in  improving  the  highways  and 
bridges  in  such  town. 


294 


§ 338.  Acquisition  of  plank  roads. — The  board  of  supervisors 

of  any  county,  except  a county  wholly  within  the  city  of  New 
York,  and  except  the  counties  of  Erie  and  Essex,  may  by  a vote  of 
a majority  of  the  members  thereof,  by  resolution,  determine  to  ac- 
quire the  rights  and  franchises  of  any  individual  or  corporation, 
lawfully  entitled  to  exact  toll  or  charge  for  walking,  riding  or 
driving  over  any  plankroad  or  turnpike,  or  a bridge  within  such 
county,  erected  over  any  unnavigable  stream,  or  over  the  Hudson 
river  above  Waterford.  Upon  the  adoption  of  such  resolution,  the 
board  of  supervisors  shall  acquire  such  rights,  franchises  and  prop- 
erty by  purchase,  if  able  to  agree  with  the  owners  thereof,  and 
otherwise  by  condemnation  in  the  name  of  the  county. 

§ 339.  Borrowing  money;  bonds. — The  board  of  supervisors  of 
such  county  may  borrow  money  for  the  acquisition  of  such  rights, 
franchises,  and  property,  and  may  issue  the  bonds  or  other  evi- 
dences of  indebtedness  of  the  county  therefor,  but  such  bonds  or 
other  evidences  of  indebtedness  shall  not  bear  a rate  of  interest  ex- 
ceeding five  per  centum  per  annum  and  shall  not  run  for  a longer 
period  than  twenty  years  and  shall  not  be  sold  for  less  than  par. 

§ 340.  Raising  money  to  pay  bonds  and  interest. — Except  in 
the  counties  of  Rensselaer,  Onondaga,  Albany  and  Columbia,  the 
amount  of  such  bonds  in  whole  or  in  part  together  with  the  interest 
thereon  may  be  apportioned  by  the  boards  of  supervisors  upon  the 
towns,  cities  and  villages  constituting  separate  highway  districts, 
in  which  such  plankroad,  turnpike  or  bridge  is  located,  in  such 
proportions  as  the  boards  may  deem  just  and  the  amount  so  ap- 
portioned to  each  municipality  for  the  payment  of  the  principal 
and  interest  of  such  bonds  shall  be  annually  levied  and  collected  at 
the  same  time  and  in  the  same  manner  as  money  for  other  county 
charges.  In  the  counties  of  Rensselaer  and  Columbia,  the  boards 
of  supervisors,  in  making  up  the  annual  tax  budget  of  the  counties, 
shall  each  year  levy  and  assess  upon  and  against  the  taxable  prop- 
erty in  said  counties  in  addition  to  the  amounts  levied  and  assessed 
for  other  county  charges,  an  amount  sufficient  to  pay  the  interest 
falling  due  and  payable  on  the  said  bonds  during  such  year,  and 
also  an  amount  sufficient  to  pay  the  proportion  of  the  years  fixed 
at  the  time  during  which  said  bonds  shall  run  from  their  issue  to 
maturity.  The  amount  raised  by  tax  in  each  year  for  the  payment 
of  the  principal  of  said  bonds  shall  be  preserved  intact  by  the 
county  treasurers  of  said  counties  until  said  bonds  mature  and 
are  payable,  and  upon  the  maturity  of  said  bonds,  said  county 


295 


treasurer  shall  pay  the  same  in  full  out  of  the  moneys  so  raised 
by  annual  tax  therefor  and  shall  thereupon  take  hack  said  bonds 
with  receipts  for  the  payment  thereof  and  deliver  them  to  the 
boards  of  supervisors  of  said  counties  for  cancellation.  Said 
county  treasurer  shall  deposit  at  interest  the  said  moneys  yearly 
raised  by  tax  for  payment  of  the  principal  of  said  bonds  in  such 
bank  or  depository  as  shall  be  designated  by  the  boards  of  super- 
visors of  said  counties,  and  the  amount  realized  from  the  interest 
thereon  shall  he  used  for  the  purposes  of  the  said  counties  under 
the  direction  of  the  said  hoards  of  supervisors. 

§ 341.  Roads  so  acquired  to  be  part  of  highway  system. — A 
plankroad,  turnpike  or  bridge  acquired  pursuant  to  this  article 
shall  become  a part  of  a highway  system  of  such  county  and  of 
the  towns,  cities  and  villages  in  which  the  same  is  located,  and 
shall  thereafter  be  repaired  and  maintained  in  the  same  manner 
as  the  other  highways  or  bridges  therein. 

§ 342.  When  road  is  in  two  or  more  counties. — When  a plank- 
road, turnpike,  toll  road  or  bridge  is  partly  in  one  county  and 
partly  in  another,  the  boards  of  supervisors  of  the  said  counties 
shall  act  together  in  the  manner  prescribed  above,  and  determine 
the  amount  to  be  paid  to  said  plankroad,  turnpike,  toll  road  or 
bridge  company,  by  each  county,  and  such  amount  against  each 
county,  after  such  determination,  shall  he  paid  by  each  county. 

§ 343.  Albany  post  road ; railroad  tracks  thereon. — The  old 
established  road  along  the  valley  of  the  Hudson  river  from  the 
city  of  Hew  York  to  the  city  of  Albany,  known  as  the  Albany 
post  road,  shall  be  a public  highway  for  the  use  of  the  traveling 
public  forever.  The  said  highway  shall  he  kept  open  and  free 
to  all  travelers,  and  shall  not  be  obstructed  in  any  way  by  any 
obstacle  to  free  travel.  Ho  trustees  of  any  village  or  corporation 
of  any  city  upon  its  route,  or  town  superintendents  of  highways 
of  towns,  or  any  other  person  or  board  whatever,  shall  have  any 
power  or  authority  to  authorize  or  license  the  laying  of  any  rail- 
road track  upon  said  highway,  except  to  cross  the  same,  and  any 
such  action  shall  be  void  and  of  no  effect.  This  section  shall  not 
apply  to  any  portion  of  said  road  within  the  city  of  Hew  York, 
nor  shall  it  apply  to  the  road  of  the  president,  directors  and  com- 
pany of  the  Rensselaer  and  Columbia  turnpike,  nor  to  the  town  of 
Cortlandt  or  the  village  of  Sing  Sing,  in  Westchester  county. 

Amended  by  L.  1910,  ch.  658, 


296 


ARTICLE  XIII. 

Saving  Clause;  Laws  Repealed;  When  to  Take  Effect. 

Section  350.  Transfer  of  powers  and  duties  of  state  engineer. 

351.  Transfer  of  records;  eligibility  of  present  employees. 

352.  County  engineers  and  superintendents  of  highways  to  be  con- 

tinued in  office. 

353.  Pending  actions  or  proceedings. 

354.  Saving  clause. 

355.  County  highway  maps  preserved. 

356.  Construction. 

357.  When  to  take  effect. 

358.  Laws  repealed. 

§ 350.  Transfer  of  powers  and  duties  of  state  engineer. — On 

and  after  the  taking  effect  of  this  chapter,  and  the  appointment 
and  qualification  of  the  state  commission  as  herein  authorized,  ali 
the  powers  and  duties  of  the  state  engineer  in  respect  to  highways 
and  bridges,  conferred  and  imposed  by  any  statute  of  this  state, 
shall  be  transferred  to  the  department  of  highways  to  be  exercised 
and  performed  by  the  state  commission  of  highways  as  provided 
herein. 

§ 351.  Transfer  of  records;  eligibility  of  present  employees.— 

The  state  engineer  shall  transfer  and  deliver  to  the  state  commis- 
sion of  highways  all  contracts,  books,  maps,  plans,  papers  and 
records  of  whatever  description,  in  his  possession  when  such  com- 
mission is  appointed  and  have  qualified,  pertaining  to  the  con- 
struction, improvement,  maintenance  and  supervision  of  highways 
and  bridges  and  such  commission  is  authorized  at  such  time  to 
take  possession  of  all  such  contracts,  books,  maps,  plans,  papers 
and  records.  The  commission  may  also  retain  in  its  employment 
resident  and  other  engineers,  levelers,  rodmen,  clerks  and  em- 
ployees engaged  or  connected  with  the  department  of  highways 
in  the  office  of  the  state  engineer,  or  employed  by  him  in  con- 
nection with  the  powers  and  duties  exercised  and  performed  by 
him  in  respect  to  highways  and  bridges,  and  all  such  engineers, 
clerks  and  employees  shall  be  eligible  to  transfer  and  appointment 
to  positions  under  the  commission. 

§ 352.  County  engineers  and  superintendents  of  highways  to  be 
continued  in  office. — County  engineers  and  superintendents  of 
highways  in  office  when  this  chapter  takes  effect  shall  be  continued 
in  office  during  their  present  term  of  office  and  until  the  district  or 


297 


county  superintendents  shall  have  been  appointed  and  have  quali- 
fied as  provided  in  this  chapter.  Such  county  engineers  and 
superintendents  of  highways  shall  exercise  the  powers  and  per- 
form the  duties  hereby  conferred  and  imposed  upon  district  or 
county  superintendents  until  the  appointment  and  qualification 
of  a district  or  county  superintendent  as  above  provided.  Upon 
the  appointment  and  qualification  of  a district  or  county  super- 
intendent for  the  county  for  which  such  county  engineer  or  super- 
intendent of  highways  is  appointed'  all  contracts,  books,  maps, 
plans,  papers,  and  records  pertaining  to  the  construction,  improve- 
ment, maintenance  and  supervision  of  highways  in  such  county 
shall  be  transferred  to  such  district  or  county  superintendent. 

§ 353.  Pending  actions  or  proceedings. — This  chapter  shall  not 
affect  pending  actions  or  proceedings,  civil  or  criminal,  pertain- 
ing to  the  construction,  improvement,  maintenance,  supervision 
or  control  of  highways  and  bridges,  brought  by  or  against  the 
state  engineer,  or  county  engineer  or  a county  superintendent 
of  highways,  or  a commissioner  of  highways,  under  the  provisions 
of  any  statute  hereby  repealed,  but  the  same  may  be  prosecuted 
or  defended  in  the  same  manner  by  the  commission  or  by  the 
officer  having  jurisdiction  in  respect  thereto.  Any  investigation, 
examination  or  proceeding  undertaken,  commenced  or  instituted 
by  the  state  engineer,  county  engineer  or  highway  commissioner 
or  either  of  them  relating  to  highways  or  bridges  may  be  con- 
ducted or  continued  to  a final  determination  by  the  proper  officer 
hereunder,  in  the  same  manner,  and  under  the  same  terms  and 
conditions,  and  with  the  same  effect  as  though  this  chapter  had 
not  been  passed. 

§ 354.  Saving  clause. — The  repeal  of  a law,  or  any  part  of  it 
specified  in  the  annexed  schedule  shall  not  affect  or  impair  any 
contract,  or  any  act  done,  or  right  accruing,  accrued  or  acquired 
or  any  penalty,  forfeiture,  or  punishment  incurred  prior  to  the 
time  when  this  chapter  or  any  section  thereof  takes  effect,  under 
or  by  virtue  of  the  laws  so  repealed,  but  the  same  may  be  asserted, 
enforced,  prosecuted,  or  inflicted,  as  fully  and  to  the  same  extent, 
as  if  such  laws  had  not  been  repealed.  The  provisions  of  this 
chapter  shall  not  affect  or  impair  any  act  done  or  right  accruing, 
accrued  or  acquired  under  or  in  pursuance  of  any  resolution 
adopted  by  the  board  of  supervisors  of  a county,  on  or  before  the 
thirty-first  day  of  December,  nineteen  hundred  and  eight,  request- 
ing the  construction  or  improvement  of  a highway  therein,  as 


298 


provided  in  chapter  one  hundred  and  fifteen  of  the  laws  of  eigh- 
teen hundred  and  ninety-eight,  and  the  acts  amendatory  thereof, 
or  under  or  in  pursuance  of  any  resolution  adopted  on  or  before 
such  date  by  a board  of  supervisors,  under  such  act  and  the  acts  ^ 

amendatory  thereof,  providing  for  the  construction  or  improve- 
ment of  a highway  in  a county  in  accordance  with  maps,  plans 
and  specifications  submitted  to  such  board  by  the  state  engineer, 
or  under  or  in  pursuance  of  any  contract  for  the  construction  or 
improvement  of  a highway,  awarded  as  provided  in  such  chapter 
one  hundred  and  fifteen  of  the  laws  of  eighteen  hundred  and 
ninety-eight,  and  the  acts  amendatory  thereof.  All  further  pro- 
ceedings in  respect  to  such  highway  shall  he  taken  in  accordance 
with  the  provisions  of  this  chapter. 

§ 355.  County  highway  maps  preserved.—  The  county  highways  sJ 

to  be  selected  by  the  commission  for  construction  or  improvement, 
as  provided  in  this  chapter,  shall  be  the  highways  in  the  respec- 
tive counties  designated  upon  the  map  of  the  highways  of  the 
state,  prepared  by  the  state  engineer  as  provided  by  law,  and 
approved  by  the  legislature  by  chapter  seven  hundred  and  fifteen 
of  the  laws  of  nineteen  hundred  and  seven;  except  the  highways 
on  such  map  which  have  been  designated  and  described  as  state 
highways  by  section  one  hundred  and  twenty  of  this  chapter. 

Such  map  shall  remain  in  full  force  and  effect  notwithstanding 
the  repeal  of  such  chapter  seven  hundred  and  fifteen  of  the  laws 
of  nineteen  hundred  and  seven  by  this  chapter;  except  that  the 
board  of  supervisors  of  any  county  is  hereby  authorized  to  modify 
the  designation  of  county  highways  on  such  map  by  resolution 
duly  adopted  by  a majority  vote  of  the  members  of  such  board, 
provided  the  total  mileage  as  originally  designated  upon  the 
county  map  in  such  county  is  not  thereby  materially  increased. 

A certified  copy  of  such  resolution  shall  be  transmitted  to  the  \ 

commission,  or  to  the  state  engineer  if  the  same  be  adopted  prior 
to  the  appointment  and  qualifications  of  the  commission. 

§ 356.  Construction.- — Wherever  the  term  state  engineer  shall 
occur  in  any  law,  contract  or  document  such  term  shall  be  deemed 
to  refer  to  the  state  commission  of  highways  as  established  by 
this  chapter  so  far  as  such  law,  contract  or  document  pertains 
to  matters  which  are  within  the  jurisdiction  of  such  commission 
of  highways.  Wherever  the  term  county  engineer  or  county 
superintendent  of  highways  is  used  in  any  such  law,  contract 
or  document  such  term  shall  be  deemed  to  refer  to  and  include 


299 


the  county  or  district  superintendent  having  jurisdiction  of  the 
matter  contained  in  such  law,  contract  or  document. 

The  provisions  of  this  chapter  so  far  as  they  are  substantially 
the  same  as  those  existing  at  the  time  they  shall  take  effect,  shall 
be  construed  as  a continuation  of  such  laws,  modified  or  amended, 
according  to  the  language  employed  in  this  chapter,  and  not  as 
new  elements.  References  in  laws  not  repealed  to  provisions 
of  law  incorporated  in  this  chapter  and  repealed,  shall  be  con- 
strued as  applying  to  the  provisions  so  incorporated. 

§ 357.  When  to  take  effect. — This  chapter  shall  take  effect  the 
first  day  of  January,  nineteen  hundred  and  nine,  except  as  to  the 
provisions  specified  as  follows : 

1.  The  provisions  of  sections  forty-three,  ninety,  ninety-one, 
ninety-four,  ninety-five,  ninety-nine,  and  one  hundred,  relating  to 
highway  commissioners,  estimates  of  expenditures,  duties  of  town 
board  in  respect  thereto,  levy  of  taxes,  the  limitation  of  amounts 
to  be  raised,  submission  of  propositions  at  town  meetings,  assess- 
ments of  village  property  and  statements  by  the  clerk  of  the  board 
of  supervisors  to  the  comptroller,  shall  take  effect  immediately. 

2.  The  provisions  of  sections  one  hundred  and  thirty  and  one 
hundred  and  thirty-one  of  this  chapter,  pertaining  to  the  award 
of  contracts  for  the  construction  of  county  highways  shall  take 
effect  immediately  and  shall  apply  to  contracts  to  be  awarded 
under  chapter  one  hundred  and  fifteen  of  the  laws  of  eighteen 
hundred  and  ninety-eight  and  the  acts  amendatory  thereof,  prior 
to  January  first,  nineteen  hundred  and  nine;  and  until  the  com- 
mission shall  have  been  appointed  and  have  duly  qualified,  the 
state  engineer  and  surveyor  shall  exercise  the  powers  and  perform 
the  duties  conferred  upon  the  said  commission  by  the  foregoing 
sections. 

3.  The  provisions  of  section  one  hundred  and  seventy-nine,  re- 
lating to  the  sprinkling  of  state  and  county  highways  and  the 
removal  of  refuse  therefrom;  the  provisions  of  section  two  hun- 
dred and  eighty,  relating  to  the  construction  or  improvement  of 
highways  at  the  joint  expense  of  a county  and  town,  and  the  pro- 
visions of  section  three  hundred  and  fifteen  relating  to  the  modifi- 
cation of  maps  by  boards  of  supervisors  and  the  provisions  of  this 
section  shall  take  effect  immediately. 


INDEX. 


Abandonment  of  highways:  page. 

nonuser  for  six  years 259 

qualified,  what  constitutes 259 

United  States  fortification,  highways  and  lands  acquired  for 260 

Acceptance: 

county  highway,  when  completed 223 

state  highway,  when  completed 223 

Accounts,  town: 

examination  by  commission 153 

form  to  be  prescribed  by  commission 152 

highway  moneys,  commission  to  prescribe  method  of  keeping 108 

Actions: 

against  town  superintendent,  by  town 179 

bridges  over  boundary  lines,  to  compel  repair 264 

for  injuries  to  highways,  town  superintendent  to  bring 178 

pending  under  former  law,  continued  under  new 297 

personal  injuries  caused  by  defects  in  highways  or  bridges 179 

Advertisements: 

proposals  for  construction  of  state  and  county  highways 218 

Advice: 

of  Division  Engineer 110 

Agreement: 

town  board  and  town  superintendent  as  to  highway  expenditures.  . . 195 
adoption  of  132 

Agreements 100 

Albany  post  road: 

railroad  tracks  not  to  be  constructed  upon 295 

Altering : 

highway,  proceedings  relative  to 244-253 

See  Laying  Out , Altering  and  Discontinuing  Highways. 


301 


302 


Anticipation  of  tax:  page. 

borrowing  money,  when  authorized 190 

Appellate  Division: 

proceedings  in  regard  to  bridges,  appeal 266 

Apportionment: 

county  highways,  among  counties 215 

highways  to  be  constructed  from  proceeds  of  bond  sale 213 

Approaches: 

to  private  lands,  construction  and  repair 130-178 

when  made  at  expense  of  town 178 

Appropriations: 

not  to  exceed 130 

Approval: 

of  rules  and  regulations  by  commission 4 

Ashes: 

throwing  in  highway,  penalty 291 

Assessed  valuation: 

equalized,  to  be  used  in  determining  state  aid 194 

state  aid  to  be  based  upon 192 

statement  of  clerk  of  board  of  supervisors . . 192 

Assessment: 

of  labor  for  removal  of  snow 180 

Assessment  roll: 

village  property  to  be  separately  assessed 191 

Audit: 

compensation  and  expenses  of  town  superintendent 161 

damages  and  costs  in  proceedings  to  lay  out,  etc.,  highway 250 

damages  caused  by  defects  in  highways  or  bridges 179 

expenditures  for  bridges  and  other  highway  purposes 196 

Bicycles: 

use  of,  in  highways 290 

Bids.  See  Proposals. 

Board  meetings: 

attendance  at  119 


303 


Bonds:  page. 

contractor,  for  construction  state  or  county  highways 218 

bridge  and  highway  purposes,  authorized 190 

board  of  supervisors  to  authorize  issue 190 

issue  and  sale  of  bonds 191 

levy  of  tax  for  payment 191 

proceeds  of  sale,  report 19G 

record  of,  to  be  kept 191 

submission  of  proposition  at  town  meeting 190 

toll  roads  and  bridges,  issue  for  purchase  of 294 

payment  of  principal  and  interest 294 

town,  for  payment  of  share  of  cost  of  county  highway 229 

See  Undertaking. 

Borrowing  money: 

county  highway  for  payment  of  share  of  county  or  town 229 

acquisition  of  toll  roads  and  bridges 294 

anticipation  of  tax.... 190 

bridge  and  highway  purposes 190 

town  meeting,  submission  of  proposition 190 

purposes  specified  190 

supervisors,  board  of,  to  authorize 190 

statement  of  town  board 190 

Boundaries: 

monuments  to  be  erected 163 

Bridges: 

boundary  streams  between  towns,  payment  of  cost 263 

between  third  class  city  and  town 263 

between  counties  263 

apportionment  of  expense  by  board  of  supervisors 264 

county’s  share,  levy  of  tax 264 

joint  liability  of  towns  and  joint  contracts 264 

payment  of  expense  when  adjoining  town  refuses  to  join 267 

proceedings  in  court  to  compel  construction  or  repair 265 

supervisor  to  institute 265 

appeal  to  appellate  division 266 

power  of  court  on  appeal 266 

costs,  special  term  may  grant  or  refuse 266 

refusal  to  repair,  action  to  compel 264 

refusal  of  town  to  repair,  payment  of  expense 267 

tax  levy  to  pay  for  construction  or  repair 266 

town  superintendent  to  comply  with  order  for  erection  or  repair  266 

to  report  proceedings  in  compliance  with  order 266 

commission  to  have  general  supervision 150 

construction  and  repair,  payment  of  cost  by  town 263 

county  aid  263 

liability  of  towns 263 

estimate  of  amount  required 185 

limitation  of  amount  raised 188 


30  4 

Bridges  — continued:  page. 

defective,  liability  of  towns 17y 

extraordinary  repairs,  limitation  of  amount  to  be  raised 188 

fast  driving  or  riding,  penalty 254 

Indian  reservations,  state  commission  to  control 236 

inspection  of,  by  district  or  county  superintendent 156 

plans  and  specifications,  approval  by  district  or  county  superin- 
tendent   156 

plans,  specifications  and  estimates  prepared  by  commission  upon 

request 151 

repairs,  duty  of  town  superintendent 162 

superintendence  by  town  superintendent 162 

supervision  of  district  or  county  superintendent 155 

unsafe,  condemnation  by  commission 153 

plans  and  specifications  prepared  for 153 

contract  for  when  expense  exceeds  $500 188 

plans  and  specifications,  approval  by  district  or  county  super- 
intendent   188 

statement  of  probable  cost  of  repairs 188 

town  superintendent  to  repair 188 

villages,  duty  of  town  superintendent 162 

weight  of  load,  liability  for  excessive 291 

repairs  or  construction  of 116 

short  span  46 

highway 46 

standard  plans  51-54 

stock  plans  56 

inspection 56 

Briers: 

town  superintendent  to  cause  removal 163 

Brush: 

owner  or  occupant  to  remove 168 

failure,  duty  of  town  superintendent 169 

assessment  of  cost  of  removal 169 

levy  of  cost  of  removal  against 169 

town  superintendent  to  cause  removal 169 

Building: 

in  highway,  an  obstruction 167 

Bureau  of  town  highways: 

organization  of  6 

Burying  grounds: 

laying  out  highways  through 249 


305 


Carriages:  page. 

conveyance  of  passengers,  liability  of  owners 290 

definition  of  term 290 

Cemeteries: 

laying  out  highways  through 249 

Certificates  of  indebtedness: 

in  anticipation  of  highway  tax 190 

See  Bonds. 

City: 

differences  as  to  improvement  of  highway  extending  beyond  bounds.  251 

disagreement  as  to  highway  between  town  and  city 250 

of  third  class,  deemed  town  in  respect  to  bridge  over  boundary  line.  263 

Civil  service  examinations: 

character  prescribed  148 

commission  to  indicate  relative  value  to  be  given  for  experience  and 
scientific  attainments  149 

Classification: 

of  highways 146 

Clerk  of  board  of  supervisors: 

final  resolution  for  construction  of  county  highway,  transmission  to 

commission 217 

preliminary  resolution  for  construction  of  county  highway,  trans- 
mission to  commission 215 

statement  of  assessed  valuations 192 

Clerks: 

appointment  from  civil  service  lists 148 

Closing  highways: 

for  repair  or  construction 180 

certificate  of  district  or  county  superintendent 180 

erection  of  temporary  highway  or  bridge 180 

Commission  of  Highways,  State: 

accounts,  to  prescribe  form  and  blanks  for  keeping 198 

annual  report  to  Legislature 150 

bridge  condemned  by,  repair 188 

clerks,  appointment  149 

commissioners,  appointment  147 

qualification  and  terms 147 

vacancies,  how  filled ' 148 

oath  of  office,  undertaking 149 

salaries  and  expenses 149 

undertaking 149 

20 


306 


Commission  of  Highways,  State  — continued:  page. 

contracts  for  construction  of  state  and  county  highways 218 

advertisements  for  proposals 218 

form  of  proposals 218 

county  highways  199 

acceptance  when  completed 223 

approval  of  final  plans  and  specifications 217 

consent  to  rescind  or  annul  final  resolution  of  board  of  super- 
visors   217 

modification  of  plans,  specifications  and  estimates 217 

contracts  awarded  to  board  of  supervisors  or  town  board 221 

designation  of  person  to  execute,  resolution  transmitted  to....  221 

rules  and  regulations  regarding  expenditures 221 

determination  as  to  construction  after  receipt  of  preliminary 

resolution 215 

order  of  construction,  how  determined.... 218 

requisition  on  county  treasurer  for  payment  of  cost 227 

statement  as  to  cost  and  expenditures 227 

submission  of  plans  and  specifications  to  board  of  supervisors..  217 

county  superintendent,  removal 155 

vacancy  caused  by  removal 155 

definition 147 

deputies,  first  and  second  148 

powers  and  duties 148 

salaries  and  expenses 149 

undertaking . . . . 149 

district  superintendent,  appointment  154 

salary  to  be  fixed  and  apportioned 154 

test  of  qualifications 149 

divisions  and  division  engineers 151 

employees,  appointment  148 

final  maps,  plans  and  specifications  for  state  and  county  highways..  217 

forms  of  orders,  accounts,  etc.,  prescribed  and  furnished  by 153 

Indian  reservations,  control  of  bridges  on 236 

inspectors  of  construction,  qualification 149 

maintenance  of  state  and  county  highways,  estimate  of  cost 153 

apportionment  of  amount  appropriated  among  counties  and 

towns 239 

payment  to  county  treasurer  upon  requisition 239 

compensation  of  town  superintendent  to  be  fixed 241 

disbursement  of  funds  for 240 

materials  to  be  purchased 238 

patrol  system  may  be  established 238 

rules  and  regulations  regarding  disbursements 240 

statement  of  town’s  share 240 

supervision  and  control 238 

official  seal  149 

order  by  town  superintendent  upon  supervisor,  form  prescribed 198 

powers  and  duties  generally 150-151 


307 


Commission  of  Highways,  State — continued:  page. 

preliminary  maps,  plans  and  specifications,  to  direct  division  en- 
gineers to  make 216 

presented  to  district  or  county  superintendent 217 

principal  office  149 

removal  of  town  superintendent 160 

appeal  to  county  court 161 

resident  engineers,  appointment 148 

secretary,  appointment  148 

salary  and  expenses 149 

undertaking 149 

state  highway,  acceptance  when  completed 223 

requisition  for  payment  of  cost 230 

state  or  county  highway,  entry  upon  adjacent  lands  for  drainage. . . . 224 

payment  of  damages 224 

street  surface  railroads,  when  constructed  on 231 

suspension  of  work  and  completion 223 

stationery,  postage  and  office  furniture 149 

surveys  of  state  and  county  highways  to  direct  division  engineers 

to  make 216 

transfer  of  power  of  state  engineer 296 

of  contract,  records,  papers,  etc 296 

of  employees  in  department  of  highways 296 

unsafe  bridges,  condemnation 153 

plans  and  specifications  for  erection  or  repair 153 

villages,  connecting  highways  through 226 

Compensation: 

of  supervisor  140 

of  town  clerk 143 

of  town  superintendent  and  deputy 134 

Complaints 99 

Comptroller: 

determination  of  amount  of  state  aid  to  towns 194 

statement  of  clerk  of  board  of  supervisors,  transmitted  to 192 

Condemnation:  * 

gravel  beds  and  stone  quarry  acquired  by 166 

lands  for  right  of  way 233 

unsafe  bridges  153 

Connecting  highways: 

with  county  highways  through  villages 226 

Construction  and  repair: 

of  town  highways 11 


308 


Contracts:  page. 

bridges  over  boundaries,  erection  or  repair 226 

construction  of  state  and  county  highways 218 

awarded  to  lowest  bidder 218 

lowest  bid,  what  constitutes 218 

board  of  supervisors,  award  to 221 

bond  of  contractor 218 

commission  to  prescribe  form 218 

designation  of  person  to  execute  contract  with  board  of  super- 
visors or  town  board 221 

payments,  how  made 218 

right  to  suspend  or  cancel 223 

supplemental,  to  provide  for  contingencies 218 

suspension  of  work  and  completion  by  commission 223 

town  board,  award  to  221 

construction  or  improvement  of  highway  at  joint  expense  of  county 

and  town  288 

extraordinary  repairs  of  highways  and  bridges 187 

for  construction  of  county  highway,  filed  with  county  treasurer 227 

maintenance  of  state  and  county  highways,  purchase  of  material ....  238 

purchase  of  machinery,  tools  and  implements 165 

approval  by  district  or  county  superintendent 165 

sprinkling  state  or  county  highways 242 

state  and  county  highways,  construction  or  improvement 218 

state  highway,  acceptance  of  completed  work 223 

toum  highways,  construction  or  improvement 164 

approval  of  district  or  county  superintendent 164 

executed  in  name  of  town 164 

payments,  how  made 164 

to  be  filed  in  town  clerk’s  office 164 

wire  fence,  furnishing  material  for 170 

Costs: 

on  motion  to  confirm,  etc.,  report  of  commissioners  to  lay  out  highway  262 

proceedings  to  lay  out,  etc.,  highway,  when  application  denied 247 

town  chargeable,  when 249 

audit  by  town  board 250 

County  court: 

disagreement  between  town  and  village  or  city 250 

laying  out  highway  through  orchard,  etc.,  order 248 

confirmation  of  order  by  Appellate  Division 248 

motion  in  proceedings  to  lay  out,  etc.,  highway 247 

widening  road,  proceedings  for 256 

County  engineer: 

continuance  in  office 296 

term  deemed  to  refer  to  county  or  district  superintendent 298 


309 


County  highway:  page. 

abutting  owners  not  to  be  chargeable  with  cost  of  construction 232 

board  of  supervisors , preliminary  resolution  for  construction 215 

contents  of  preliminary  resolution 215 

transmission  to  commission 215 

final  resolution  for  construction 217 

form  of  final  resolution 217 

transmission  of  final  resolution  to  commission 217 

final  resolution  not  to  be  rescinded  or  annulled 217 

final  resolution  to  make  available  share  of  town 'and  county.  ...  217 

construction  and  maintenance,  duties  of  division  engineers 152 

contracts  for  construction  or  improvement 218 

acceptance  of  completed  work 223 

award  to  lowest  bidder 218 

form,  prescribed  by  commission 218 

bond  of  contractor 218 

payments,  when  made 218 

supplemental,  to  provide  for  contingencies 218 

award  to  board  of  supervisors  or  town  board 221 

designation  of  person  to  execute 221 

undertaking  of  person  designated 221 

filed  with  county  treasurer 227 

state  commission  to  let 152 

suspension  of  work  and  completion  by  commission 223 

right  to  suspend  or  cancel 223 

defects  in,  liability  of  state 241 

defined 146 

designation  for  construction  or  improvement 122 

determination  of  commission  as  to  construction  after  receipt  of  pre- 
liminary resolution  215 

district  or  county  superintendent  to  inspect  during  construction ....  156 
division  engineer,  duties  in  respect  to  preparation  for  construction.  . 216 

division  of  cost  to  county  and  towns 227 

entries  upon  adjacent  lands  for  drainage 224 

damages  a county  charge 224 

equitable  apportionment  among  counties 213 

basis  of  apportionment 213 

estimate  of  cost,  division  engineer  to  make 216 

gravel,  stone  or  materials,  lands  acquired  for,  disposition 236 

heretofore  constructed,  cost  of  maintenance 242 

Indian  reservation,  entire  cost  paid  by  state 236 

inspection  by  division  engineers 153 

maintenance 238 

estimate  of  cost 153 

See  Maintenance. 

maps,  formerly  approved  by  Legislature,  preserved 298 

board  of  supervisors  may  modify 298 

order  of  construction 218 

payment  of  cost,  resolution  to  appropriate 226 

borrowing  money  by  county  or  town 229 


310 


County  highway  — continued:  page. 

modifying  method 227 

requisition  by  commission  on  county  treasurer 227 

statement  prepared  by  commission 227 

plans,  specifications  and  estimates,  approval  by  commission 152 

to  be  transmitted  to  board  of  supervisors 217 

preliminary  inspection  of  highways 163 

report  of  town  superintendent  as  to 163 

preliminary  maps,  plans  and  specifications,  commission  to  direct  to 

be  made 216 

presentation  to  district  or  county  superintendent 217 

right  of  way , acquisition  of  lands 232 

proceedings  to  acquire 233 

payments  of  awards  and  costs 234 

rules  and  regulations  for  protecting 154 

respecting  generally  151 

street  surface  railroads  on,  approval  by  commission 231 

surveys,  commisson  to  direct  upon  approval  of  resolution 216 

town  superintendent  to  keep  free  of  obstructions 168 

villages , connecting  through  226 

construction  through,  generally 225 

greater  width 225 

plans  and  specifications  to  provide 225 

payment  of  additional  cost 225 

protest  against  acceptance 225 

County  jails: 

employment  of  prisoners  on  highways 177 

County  meetings  Ill 

County  superintendent: 

appointment  and  term 154 

continuance  in  office 296 

definition 146 

powers  and  duties,  generally 155 

removal  by  board  of  supervisors 155 

by  commission 155 

See  District  or  County  Superintendent. 

County  treasurer: 

county  highway,  borrowing  money  for  payment  of  cost 227 

contract  for  construction  filed  with 227 

requisition  of  commission 227 

maintenance  of  state  and  county  highways,  payment  of  apportion- 
ment to 239 

payments  upon  order  of  the  commission 240 

report  of  receipts  and  expenditures 240 

payment  of  state  aid  to  supervisors 194 

right  of  way,  payment  of  awards 234 

supervisors  bond,  copy  filed  with 194 


311 


Crops:  page. 

within  bounds  of  highway 97 

Crossings: 

over  or  under  highway,  permission  to  construct 173 

Culverts: 

repairs  by  town  superintendent 162 

state  and  county  highways,  to  be  kept  free  from  obstructions 168 

I beams  on  46 

tables  of  I beams  on 47 

stock  plans  56 

culverts  and  short  span  bridges 26-126 

cuts  of 31-41 

tables  of  materials  required  for 43-44 

Damages: 

bridges  injured  by  excessive  loads 291 

defective  highways  and  bridges,  audit  of  claim 179 

defective  state  and  county  highways,  state  not  liable 241 

defects  in  highways,  liability  for 179 

discontinuing  highway,  deduction 247 

entry  upon  land  adjoining  state  or  county  highway 224 

determination  and  payment 224 

for  change  of  grade 171 

for  entry  upon  lands  to  protect  highways 171 

injuries  to  highways 291 

laying  out,  etc.,  highway,  assessment 247 

audit  by  town  board 250 

right  of  way  for  state  and  county  highway 233 

payment  by  county  treasurer 234 

temporary  highway  or  bridge,  upon  closing  highway 180 

interest  on  for  change  of  grade 173 

Dedication: 

highway  by,  order  laying  out 244 

use  for  twenty  years - . . . . 253 

Defective  highways: 

state  or  county,  when  state  not  liable 241 

See  Damages ; Highways. 

Definitions: 

carriage 290 

of  terms  used  in  law 146 

state,  county  and  town  highways 146 

Department  of  highways: 

established 147 

definition 146 


See  Commission  of  Highways. 


312 


Deputy  commissioners:  page. 

appointment  and  qualifications 148 

salary  and  expenses 149 

undertaking 149 

Deputy  town  superintendent: 

appointment  and  duties 160 

compensation  and  expenses 160 

appointment  of  133 

Deviation: 

of  state  and  county  highways  from  existing  highway 216 

Directions: 

for  guidance  of  supervisors 135-141 

for  guidance  of  town  clerks 142 

for  guidance  of  county  superintendents 110-117 

for  guidance  of  town  superintendents 118-134 

Discontinuance  of  highway: 

in  certain  towns,  by  order  of  town  superintendent 260 

description  to  be  recorded 261 

damages,  commissioners  to  determine 261 

damages,  where  owner  encloses  lands 247 

proceedings  relative  to 244-253 

See  Laying  out , Altering  and  Discontinuing  Highway. 

District  foreman: 

return  and  levy  of  unworked  tax 182 

District  or  county  superintendent: 

annual  report  to  commission 156 

appointment,  when  to  be  made 154 

closing  highway  for  repair  or  construction 180 

construction  or  improvement  of  highways  by  county  and  town 

duties  as  to 288 

contracts  for  construction  of  town  highways,  approval 164 

county  highway,  protest  against  acceptance 223 

definition 146 

disagreement  as  to  highway  on  town  line 252 

extraordinary  repairs  of  highways  and  bridges,  approval  of  plans . . . 188 
inspection  of  state  and  county  highways,  estimate  of  cost  of 

maintenance 153 

pipes  in  state  or  county  highway,  permission  to  lay 173 

preliminary  inspection  of  state  and  county  highways 163 

removal  of  town  superintendent  by  commission 161 

salary  apportioned  among  counties 154 

state  and  county  highways,  examination  of  highway  maps,  plans 

and  specifications 217 

modification  of  plans  and  specifications... 21/ 

state  highway,  inspection  when  completed 223 

state  commission  to  aid  and  advise 150 


313 


District  superintendents:  page. 

test  of  qualifications 148 

See  District  or  County  Superintendent. 

Ditches: 

entry  upon  lands  by  town  superintendent  for  construction 171 

state  and  county  highways,  superintendent  to  keep  free 168 

Division: 

of  town  into  districts 162 

Division  engineer: 

appointment  and  qualifications 151 

duties 152 

oath  of  office  and  undertaking 152 

salary  and  expenses 152 

state  and  county  highways,  duties  in  re  preparation  for  construction.  216 

suspension  of  work  under  contract 223 

state  highway,  inspection  before  acceptance 223 

Drainage: 

district  or  county  superintendent  to  advise  method 156 

entry  upon  lands  for  purpose  of 171 

pipes  under  highway,  permission  to  lay 173 

state  or  county  highway,  entry  upon  adjacent  lands 224 

suggestions  in  relation  thereto 15-16-17 

directions 123 

Drivers: 

intemperate  not  to  be  engaged 289 

intoxication  cause  for  discharge 289 

leaving  horse  unhitched 289 

owners  of  carriages  liable  for  acts 290 

Earth  roads: 

standard  sections  25 

gravel  for  surfacing 26 

Employees: 

employed  by  town  superintendent 162 

list  to  be  filed 162 

of  state  engineer,  transfer  to  commission 296 

Entry  upon  lands: 

erection  of  temporary  highway  or  bridge  on  closed  highway ....  179-180 

state  or  county  highway,  for  drainage 224 

by  whom  to  be  made 224 

damages,  ascertainment  and  payment 224 

town  superintendent  for  certain  purposes 171 

damages  to  owners  of  lands 171 


314 


Estimate  of  expenditures:  page. 

accounts  audited  in  accordance  with 195 

for  highways  and  bridges,  superintendent  to  make 185 

insufficient,  additional  tax,  vote  at  town  meeting 187 

limitation  of  amounts 188 

excess,  town  meeting  to  authorize 190 

revision  by  town  board 187 

statement  to  be  transmitted  to  board  of  supervisors 187 

Estimates: 

on  contract  for  construction  of  state  or  county  highway 218 

state  and  county  highway,  not  to  exceed  amount 218 

amendment  by  commission 218 

approval  of  amendment  by  board  of  supervisors 218 

division  engineer  to  cause  to  be  made 216 

to  be  itemized 216 

town  superintendent’s  annual 118 

Examination: 

of  county  highway  after  receipt  of  preliminary  resolution 215 

Expenditures: 

additional,  for  repair  of  town  highways 266 

bridges  and  other  highway  purposes 196 

audit  of  accounts  of 196 

report  of  supervisor 196 

for  repair  of  town  highways,  agreement 195 

directions  therefor  132 

Extraordinary  repairs: 

limitation  of  amount  to  be  raised 188 

of  highways  and  bridges,  when  to  be  made 187 

levy  and  collection  for 187 

Fences: 

highway  along  division  line,  cost  of  removing 256 

in  highway,  an  obstruction 166 

removal  on  laying  out  highway 253 

snow  blockades,  erection  of  wire  fences  to  prevent 170 

Ferries: 

licenses,  county  court  may  grant 270 

to  whom  granted 270 

rope  appendages  for 271 

schedule  to  be  posted 271 

superintendent  of  public  works  may  lease  right  of  passage  over 

state  lands  271 

undertaking  of  applicant  for  license 271 


315 


Forms  and  blanks:  page. 

for  keeping  town  accounts,  commission  to  prescribe 198 

blank 128 

Forces: 

organization 60-119 

instructon  and  equipment 122 

Garden: 

proceedings  to  lay  out  highway  through 248 

what  constitutes  248 

Grades: 

district  or  county  superintendent  to  establish 156 

town  highway,  damages  for  change 172 

establishment  of  117 

Grade  crossings: 

commission  to  prescribe  for  abolition 231 

Gravel  and  stone: 

district  or  county  superintendent  to  examine  deposits 156 

purchase  by  town  superintendent 166 

state  or  county  highway,  acquisition  of  lands  for 232 

disposition  of  lands  acquired 236 

examination  of  deposits 117 

for  surfacing  26 

Gravel  roadway: 

state  or  county  highway,  provision  for 216 

Guide  boards: 

erection  by  town  superintendent 177 

application,  contents  and  form 177 

refusal  or  neglect  of  town  superintendent • 177 

injuries  to,  treble  damages 291 

state  or  county  highways,  plans  may  provide  for 216 

Highways : 

abandonment,  failure  to  open  and  work 260 

non-user  for  six  years 260 

additional  tax,  when  voted 187 

amount  raised,  limitation 188 

classification 147 

closing  for  repair  or  construction 180 

commission  to  have  general  supervision 150 

construction  or  repair,  duties  of  division  engineer 152 


316 


Highways  — continued : page. 

county  and  town  may  provide  for  construction  or  improvement ....  288 

county,  defined  (see  County  Highways) 147 

dedication,  acceptance,  proof  of 244 

defective,  liability  of  towns 179 

liability  of  town  superintendent 179 

definition 146 

discontinuance  of,  in  certain  towns  by  order  of  town  superintendent.  260 

description  to  be  recorded 261 

damages,  commissioners  to  ascertain 261 

estimates  of  expenditures  for,  town  superintendent  to  make 185 

amount  voted  in  excess  of  limitation 188 

extraordinary  repairs,  town  superintendent  to  cause  to  be  made. . . . 188 

contract  for,  if  in  excess  of  $500 188 

plans  and  specifications,  approval  by  district  or  county  super- 
intendent   188 

statement  of  probable  expense 188 

taxes  for  payment  of  cost 188 

limitation  of  amount  to  be  raised 188 

injuries  to,  treble  damages 291 

inspection  by  district  or  county  superintendent 155 

laying  out,  altering  or  discontinuing  (see  Laying  out,  Altering  and 

Discontinuing  Highways)  244-253 

mileage  of,  tables  to  be  used  in  determining  percentages.  194 

minimum  amount  to  be  raised 185 

repair  and  construction,  expenditures,  agreement  as  to 195 

repairs,  duties  of  town  superintendent 162 

state  aid,  amount  specified 192 

state,  defined  (see  State  Highways) 147 

stones  to  be  removed 163 

superintendence  by  town  superintendent  (see  Town  Superintendent 

of  Highways)  162-164 

supervision  of  district  or  county  superintendent 155-157 

survey,  oath  of  town  superintendent  laying  out,  to  include 244 

throwing  loose  stones,  ashes,  etc.,  in 291 

town,  defined  (see  Town  Highways) 147 

town  line,  allotment  to  towns 252 

town  meetings,  submission  of  proportions 189 

traction  engines  on,  warning  to  be  given 291 

two  or  more  towns,  differences  as  to  improvements . 252 

county  court  may  adjust  differences 251 

use,  implied  dedication  (see  Use  of  Highways) 253 

Highway  commissioner: 

office  abolished 169 

to  exercise  powers  of  town  superintendent 160 

vacancy  filled,  to  expire  November  1,  1909 160 

Highway  construction  and  maintenance: 

commission  to  determine  method 151 


317 


Highway  law:  page. 

saving  clause  297 

Highway  moneys: 

accounts,  commission  to  prescribe  method  of  keeping 198 

expenditures  for  repair  and  improvement  of  highways 195 

bridges  and  other  highway  purposes,  payment 196 

audit  by  town  board 196 

supervisor,  to  be  custodian  of 195 

report  to  town  board,  contents  of 196 


Highway  taxes: 

additional,  proposition  to  be  submitted  at  town  meeting 187 

when  amount  estimated  for  is  insufficient 187 

anticipation,  borrowing  money 190 

certificates  of  indebtedness 190 

estimate  of  amount  to  be  raised 185 

revision  or  approval  of  town  board 186 

exemption  of  village  property 191 

extraordinary  repairs,  levy  and  collection 187 

levy  by  board  of  supervisors 186 

limitation  of  amount  raised 188 

excess,  submission  of  proposition  at  town  meeting 189 

levy  and  collection  of  tax  for  excess 189 

payment  to  supervisor 186 

state  aid  determined  by  amount 192 

statement  of  amount  levied,  by  clerk  of  board  of  supervisors 191 

measurement  of 115 

closing 116 

when  work  must  be  done 120 

Hones: 

illustrations 71,  73,  75,  77,  78,  79 

Honing: 

roads,  etc 70 

Horses: 

leaving  untied,  penalty 289 

Improvements: 

permanent,  when  to  commence 129 

Indebtedness: 

certificates,  in  anticipation  of  tax 190 

consent  of  town  board 190 


318 


Indian  reservation:  page. 

county  highway,  payment  of  cost  by  state 230 

Injuries: 

to  bridges  by  excessive  loads 291 

Injuries  to  highways: 

actions  for,  town  superintendent  to  bring 179 

treble  damages 291 

to  highways  and  bridges 94 

Inspection: 

county  highway  during  construction,  by  district  or  county  superin- 
tendent   156 

of  highways  and  bridges,  town  superintendent  to  make 160 

state  and  county  highways,  by  division  engineer 153 

of  highways  to  be  constructed  as 163 

highways  and  bridges 112 

town  highways  to  be  improved 113 

Inspectors  of  construction: 

selected  from  civil  service  lists 149 

Interest: 

on  damages  for  change  of  grade 173 

Intoxication: 

drivers  guilty  of,  to  be  discharged 289 

Inventory: 

machinery,  tools  and  implements 133-165 

supervisors’  report  to  contain 196 

Judgments: 

for  damages  by  defective  highways  or  bridges,  audit 179 

Jury: 

private  road,  to  determine  necessity  and  assess  damages  (see  Private 
Road) 254 

Labor,  hours  of: 

in  construction  of  state  or  county  highways 236 

Labor  law: 

applications  of  provisions 236 


319 


Labor  system:  (See  Employees.)  page. 

adoption  of  system  for  removal  of  snow 180 

assessment  of  labor 180 

list  of  persons  assessed 181 

district  foreman  .. 182 

return  levy  of  unworked  tax 183 

appeals  by  non-residents 183 

certain  assessments  separate 183 

tenant  may  deduct  assessment.  . . * 184 


Laying  out,  altering  and  discontinuing  highways: 

adjournment  of  proceedings 256 

appellate  division,  proceedings  in  certain  cases 248 

application,  by  whom  made 245 

assessment  of  damages 247 

bur.ying  grounds,  reinterment  of  remains 249 

commissioners,  application  for  appointment 245 

application  accompanied  by  undertaking 245 

assessment  of  damages 245 

certificate  of  assessment 247 

compensation  and  expenses 249 

decision  in  favor  of  application 247 

denying  application  247 

motion  to  confirm,  vacate  or  modify 247 

examination  of  highway 246 

final  determination  filed  with  town  clerk 253 

town  superintendent  to  carry  into  effect 253 

neglecting  to  serve,  filling  vacancy 289 

notice  of  meeting  and  land  to  be  taken 246 

service,  upon  owner  or  occupants 246 

qualifications,  oath  of  office 246 

costs,  on  motion  to  confirm,  vacate  or  modify  decision 2C2 

payment  where  improvement  not  made 249 

reassessment,  where  damages  not  increased 249 

town  chargeable  with 249 

costs  and  expenses  when  application  is  denied 247 

county  court,  decision  final  247 

damages,  assessment  of  247 

audit  by  town  board,  payment 250 

division  lines,  award  of  for  fences 256 

on  discontinuance,  deduction 247 

dedication  of  highways  by 244 

denial  of  application 247 

disagreement  between  officers  of  towns,  villages  and  cities 250 

certificate  to  county  court  250 

commissioners  to  be  appointed 250 

decision  of  commissioners 250 

division  lines  between  lands  of  two  or  more  persons 256 

fences  to  be  removed 253 


320 


Laying  out,  altering  and  discontinuing  highways  — continued : page. 

garden,  laying  out  highway  through 248 

in  two  or  more  towns,  damages  to  be  paid  by  each  town 252 

notices  served  upon  town  superintendent  of  each  town 252 

limitations  specified  248 

motion  to  confirm,  vacate  or  modify  decision 247 

decision  of  county  court  final 247 

necessity  or  uselessness,  determination 247 

orchards,  laying  out  highway  through 248 

papers  to  be  filed  in  town  clerk’s  office 262 

proceedings,  appointment  of  commissioners 246 

hearing  evidence  246 

minutes  to  be  filed  246 

release  from  damages,  effect 244 

survey,  order  to  include 244 

town  line,  application  to  each  town  superintendent 252 

trade  fixtures  and  erections,  laying  out  highway  through 248 

two  or  more  towns,  disagreement 250 

vacating  decision  of  commissioners 247 

vineyard,  laying  out  highway  through 248 

yards  or  enclosures,  laying  out  highway  through 248 

Law  of  the  road: 

established 292 

failure  to  comply 292 

Limitation: 

of  highway  moneys  to  be  raised 188 

submission  of  propositions  at  town  meetings  for  amount'  in 
excess  189 

Lists: 

persons  assessed  for  removal  of  snow i . . . 181 

Location  and  drainage: 

Location  and  grades 13 

Drainage 15 

side  ditches  16 

berm  ditches  16 

underdrains 17 

Lumber: 

in  highway  an  obstruction 167 

Macadam  roadway: 

state  or  county  highway,  provision  for 216 


321 


Machinery:  page. 

estimate  of  amount  required  for 185 

housing  and  storage 165 

inventory,  town  superintendent  to  make 165 

supervisor’s  report  to  contain 196. 

lease  or  hire  by  town  superintendent 165-166 

limitation  of  amount  to  be  raised  for 188 

purchase  by  town  superintendent 165 

approval  by  district  or  county  superintendent 165 

report  of  expenditures  for 196 

use  of,  by  town  superintendent 196 

by  incorporated  villages 196 

Machines: 

left  in  highway,  an  obstruction 166 

Machinery : 

purchase  of  114 

lease  or  hire 115 

storage  93 

inventory 133 

Maintenance: 

county  roads,  heretofore  constructed,  payment  by  state 242 

state  and  county  highways,  estimate  of  cost 153 

commission  to  control 238 

appropriations  based  on  estimate 239 

apportionment  of  amount  appropriated 239 

payment  to  county  treasurer  of  amount  apportioned  to  county 239 

materials,  purchase  and  delivery 238 

patrol  system  may  be  adopted 238 

payments  by  county  treasurer  for 240 

report  of  county  treasurer  as  to  disbursements 240 

rules  and  regulations  respecting 238 

town  share,  payment 240 

town  superintendent,  compensation  for  services 241 

earth  roads  11 

Maps: 

of  highways,  formerly  approved  by  Legislature,  preserved 298 

board  of  supervisors  may  modify 298 

state  and  county  highways,  division  engineer  to  make. 216 

presentation  to  district  or  county  superintendent 217 

legend  of 8 

sample 9 

Market  roads: 

construction  or  improvement  as  county  highways 215 


21 


322 


Material:  page. 

state  and  county  highway,  preliminary  plans  and  specifications  to 
provide 216 

Measurement: 

of  highways,  town  superintendent  to  make 177 

report  to  be  filed 177 

Mechanical  power: 

in  highway  work 67 

Meetings: 

held  annually  in  each  district  or  county 152 

district  or  county  superintendent  to  notify  town  officers 157 

town  superintendent  to  attend 163 

Mileage: 

basis  of  state  aid 194 

tables  of,  to  be  filed  with  commission  and  comptroller 194 

tables  to  be  prepared  by  commission 152 

used  in  determining  cost  of  county  highway 227 

town  superintendent  to  ascertain 177 

report  to  commission 177 

Motor  vehicles: 

chains  or  armored  tires  restricted 154 

Monuments: 

boundaries  of  highways,  town  superintendent  to  establish 114, 163 

Negligence: 

of  town  superintendent,  liability  of  town 179 

See  Damages ; Highways ; Injuries. 

Oath  of  office: 

state  commissioners  of  highways 149 

Obstructions: 

ditches,  etc.,  on  state  and  county  to  be  kept  free 168 

removal,  duty  of  owner  or  occupant 167 

assessment  of  cost  against  owner  or  occupant 169 

expense,  payment  of  in  first  instance 169 

levy  of  cost  against  owner  or  occupant 169 

town  superintendent  to  cause 168 

what  constitute 168 

Obstructions: 

removal  of  126 


323 


Order  of  construction:  page. 

of  county  highways,  how  determined 218 

Organization: 

bureau  of  town  highways 6 

town  superintendent’s  forces 60,119 

Patrol  system: 

maintaining  state  and  county  highways,  commission  may  establish . . 238 

Patrolman: 

town 80 

Penalties: 

collection  by  town  superintendent 163 

neglect  of  town  superintendent  to  prosecute,  liability 176 

recovery,  in  name  of  town 293 

report  of  supervisors  as  to  moneys  received 196 

Pending  actions  of  proceedings: 

prosecuted  by  commission  or  other  officer 297 

Penalties: 

collection  of  128 

Pipes: 

drainage,  sewer  and  water 115 

Plans: 

working,  county  superintendent  to  furnish 129 

Plans  and  specifications: 

bridges,  approval  by  district  or  county  superintendent 156 

construction  and  repair  of  highways  and  bridges,  duties  of  division 

engineer 152 

county  highways,  transmission  to  board  of  supervisors  217 

filed  with  county  treasurer 227 

modification  by  board  of  supervisors 217 

extraordinary  repairs  of  highways  and  bridges 187 

state  and  county  highways,  duties  of  division  engineers 152 

contracts  to  be  let  upon  completion  and  approval 218 

final  adoption  by  commission 217 

preliminary 216 

presentation  to  district  or  county  superintendent 217 

state  commission  to  prepare  upon  request 151 

town  highways,  construction 164 


324: 


Plans  and  specifications:  page. 

to  be  furnished  town  board 114 

Plankroads: 

acquisition  by  board  of  supervisors 294 

bonds,  issue  and  sale 294 

raising  money  to  pay  bonds  and  interest 294 

roads  acquired,  part  of  highway  system 295 

when  road  is  in  two  or  more  counties 295 

Poles  and  wires: 

assessment  of  cost  of  removal 169 

in  highways  are  obstructions 167 

Prefatory  note  3 

Prisoners: 

application  for  services  on  highways 177 

Private  road: 

adjournment  of  proceedings 256 

application  for  laying  out 253 

service  of  copy  upon  owner  or  occupant 254 

costs  of  new  hearing 256 

credit  on  account  of  highway  taxes 176 

damages  to  be  paid  before  opening 255 

division  lines,  laying  out  along 256 

jury,  time  and  place  of  selection • 254 

additional  jurors,  how  summoned 254 

subpoena  of  witnesses 254 

compensation  of  jurors 255 

damages,  assessment  255 

how  formed  254 

list  of  names,  town  superintendent  to  present 254 

motion  to  confirm,  vacate  or  modify  decision 255 

notice  of  selection,  to  owner  or  occupant 254 

service  on  owner  or  occupant 254 

place  of  meeting 254 

summons  of  jurors 254 

verdict,  deliver  to  town  superintendent 255 

papers  to  be  recorded  in  town  clerk’s  office 255 

use  as  highway 256 

nature  of  256 

persons  entitled  to 256 

value  of  highway  discontinued  to  be  considered 255 

Private  lands: 

approaches  to  130 


325 


Proposals:  page. 

construction  of  state  or  county  highways,  advertisement 218 

lowest,  what  deemed  to  be 218 

rejection  and  advertisement  for  new 218 

what  to  specify 218 

Records: 

examination  by  commission 153 

Release: 

damages,  on  laying  out,  altering  or  discontinuing  highway 244 

Removal : 

county  superintendent 155 

district  superintendent  155 

town  superintendent,  procedure 160 

appeal  to  county  court 161 

supreme  court  may  direct 161 

Removal  of  loose  stone: 

when  to  be  removed 125 

Removal  of  obstructions: 

caused  by  snow 82 

obstructions  within  the  bounds  of  the  highway 126 

Repairs : 

of  highways  and  bridges,  town,  superintendent  to  make 162 

sluices  and  culverts  by  town  superintendent 162 

to  highways  and  bridges 127 

Repair  and  construction: 

of  earth  roads 24 

Reports; 

county  treasurer,  disbursements  for  maintenance 240 

district  or  county  superintendent,  to  commission 156 

state  commission  annually  to  Legislature 152 

supervisor,  as  to  highway  moneys  196 

filed  with  town  clerk.  196 

mailed  to  commission 196 

printed  in  proceedings  of  board  of  supervisors 196 

publication  in  a newspaper 196 

transmission  of  copies  of  proceedings  to  comptroller  and  com- 
mission   196 

town  superintendents  to  make  annual 163 

must  be  first  sent  county  superintendent 112 

county  superintendent’s  117 

supervisor’s .’ 139 


326 


Rescinding:  page. 

final  resolution  for  construction  of  county  highway 217 

Resident  engineers: 

appointment 148 

Resolution : 

county  highways,  appropriation  to  pay  share  of  county  and  towns . , 226 

final,  to  make  available  share  of  county  and  town 218 

final,  adopted  by  board  of  supervisors 217 

not  to  be  rescinded  or  annulled 217 

modification  of  plans  and  specifications  after  approval 217 

modifying  method  of  payment 227 

request  that  cost  be  paid  in  first  instance  by  state 226 

preliminary,  of  beard  of  supervisors 215 

Right  of  way: 

state  and  county  highway,  acquisition 232 

appointment  of  commissioners 233 

duties  of  commissioners 233 

damages  awarded  233 

payment  of  awards 234 

of  costs  and  commissioners’  fees 235 

petition  for  appointment  of  commissioners 233 

purchase  of  lands 232 

Road  machines: 

purchase  by  town  superintendent 165 

estimate  of  amount  required  for 185 

limitation  of  amount  to  be  raised 188 

See  Machinery. 

Road  machines: 

use  of  126 

Rollers: 

lease  or  hire  by  town  superintendent 166 

estimate  of  amount  required 185 

purchase  by  town  superintendent 165 

limitation  of  amount  to  be  raised 188 

price  per  hour  established 166 

See  Machinery. 

Routes: 

of  state  highways  specified 200-213 


Rubbish : 

throwing  in  highway,  penalty 


291 


327 


Rules  and  regulations:  page. 

commission  to  prescribe 150 

compliance  compelled  150 

printed  and  transmitted  to  highway  officers 150 

maintenance  of  state  and  county  highways 238 

presentation  and  payment  of  accounts 240 

protection  of  state  and  county  highways 154 

wide  tires  154 

use  of  chains  on  automobiles 154 

Rut  scraping: 

by  use  of  road  hone 70 

Salaries: 

county  superintendent,  board  of  supervisors  to  fix 154 

district  superintendent,  commission  to  fix  and  apportion 155 

state  commissioners,  deputies  and  secretary 150 

supervisor  and  town  clerk  on  account  of  highway  work 198 

town  superintendent  and  deputy 160 

Saving  clause: 

of  highway  law 297 

Secretary  of  commission: 

appointment  and  duties 148-149 

salary  and  expenses 149 

undertaking 149 

Sewer  pipes: 

in  highways,  permission  to  lay 173 

Shade  tree  fund: 

expenditure 175 

See  Trees, 

Shaping,  crowning  or  turnpiking: 

when  to  perform  the  work 121 

Short  span  bridges: 

1 beams  46 

tables  of  I beams 47 

Sidewalks: 

construction  and  repair  at  town  expense 174 

owners  may  locate  and  construct 174 


328 


Sluices:  page. 

construction  of  126 

repairs  by  town  superintendent  162 

Snow: 

additional  taxes  for  removal 187 

blockades,  wire  fences  to  prevent 170 

causing  obstruction,  duties  of  town  superintendent 160 

employment  of  persons,  etc.,  to  remove 161 

drifting,  removal  of  obstructions  causing 169 

assessment  of  cost  against  owner  or  occupant 169 

entry  upon  lands  to  prevent  drifting 171 

estimate  of  amount  required  to  remove 185 

state  and  county  highway,  ditches  and  culverts  to  be  kept  free 168 

lists  of  persons  assessed  for  removal 181 

assessment  of  labor  for  removal 180 

adoption  of  labor  system  for  removing 180 

rollers 82 

cut  of  rollers 84 

packers 82 

cut  of  packers 86,  90 

Split  log  drags: 

description  and  suggestions  regarding  their  use 70-78 

See  Hones. 

Sprinkling: 

state  or  county  highway,  town  board  may  contract  for 242 

State  aid: 

amount  paid  to  towns 192 

not  to  exceed  $25  per  mile 192 

equalized  valuation  to  be  used  in  determining  amount 194 

payment  and  distribution 194 

statement  of  clerk  of  board  of  supervisors  to  determine  amount 192 

supervisors  report  as  to  moneys  received 196 

State  Engineer: 

employees  of  department  of  highways,  transfer 296 

term  deemed  to  refer  to  state  commission  of  highways 298 

transfer  of  powers  and  duties  to  commission 296 

records,  contracts,  maps,  plans,  etc.,  to  commission 296 


329 


State  highway:  page. 

acceptance  of,  when  completed 223 

apportionment  of  mileage  among  counties 213 

appropriation  of  proceeds  of  bond  sale,  not  more  than  one-half  ex- 
pended for  213 

construction  and  maintenance,  duties  of  division  engineer 152 

contracts  for  construction  or  improvement 218 

commission  to  let 152 

suspension  by  commission 223 

reservation  of  right  to  spend  or  cancel 223 

awarded  to  lowest  bidder 218 

form  prescribed  by  commission 218 

payments,  when  made 218 

supplemental,  to  provide  for  contingencies 218 

to  be  let  upon  adoption  of  plans 217 

defects  in,  liability  of  state 241 

defined 147 

division  engineer,  duties  in  respect  to  preparation  for  construction..  216 

entry  upon  adjacent  lands  for  drainage 224 

damages,  how  paid 224 

estimate  of  cost  division  engineer  to  make 216 

gravel,  stone  or  materials,  lands  acquired  for,  disposition 236 

inspection  by  division  engineer 152 

maintenance  generally  (see  Maintenance) 238 

estimate  of  cost 153 

rules  and  regulations  for 238 

payment,  requisition  by  commission  for 230 

plans,  specifications  and  estimates,  approval  by  commission 150 

preliminary  inspection  of  highways 163 

preliminary  maps,  plans  and  specifications 216 

presentation  to  district  or  county  superintendent 217 

final  adoption  by  commission 217 

right  of  way,  acquisition  of  lands  for 232 

proceedings  to  acquire 233 

payment  of  awards  and  costs 234 

routes  specified  200-213 

rules  and  regulations  for  protection  of 154 

respecting  use  generally 150 

sprinkling,  how  town  may  contract  for 242 

state  commission  to  cause  to  be  constructed 213 

street  surface  railroads,  when  constructed  on 231 

surveys,  commission  to  direct  to  be  made 216 

town  superintendent  to  clean  ditches,  etc 168 

villages,  construction  through  225 

greater  width,  plans  and  specifications  to  be  modified 225 

payment  cf  additional  cost 225 

protest  against  acceptance # 225 

State  and  county  highways: 

county  superintendent’s  jurisdiction Ill 


330 


State  prison : page. 

employment  of  convicts  upon  highways 177 

State  standards: 

standard  width  of  highways 28 

State  treasurer: 

payment  of  state  aid  to  county  treasurer 194 

Statistics: 

state  commission  to  compile 151 

Stones : 

loose,  throwing  in  highway,  penalty 291 

removal  from  highway 163 

removal  of  loose 125 

Stone  crushers: 

lease  or  hire  by  town  superintendent 166 

purchase  by  town  superintendent 165 

estimate  of  amount  required  for 185 

limitation  of  amount  to  be  raised 188 

suggestions  regarding  purchase 103 

See  Machinery. 

Stone  quarries: 

acquisition  by  town  superintendent 166 

state  or  county  highway,  acquisition  of  lands 232 

lands  acquired,  disposition 236 

Storage: 

tools  and  machinery 131 

Streams : 

entry  upon  lands  to  keep  within  channel 171 

See  Bridges. 

Street  railroads: 

state  and  county  highways,  consent  of  commission  required  for  con- 
struction   231 

See  Railroads. 

Surfacing  earth  roads: 

when  and  how  to  surface 24 

drainage  and  grading  and  crown 124 

surfacing  material  125 

Superintendent  of  Public  Works: 

may  lease  right  of  passage  over  state  lands  to  ferries 271 


331 


Superintendent  and  manager:  page. 

duties  of  13] 

Supervisor: 

accounts,  to  be  kept  in  method  prescribed  by  commission 198 

anticipation  of  tax,  borrowing  money 190 

bridges?  over  boundaries,  proceeding  to  compel  building  or  repairing.  265 

compensation  for  services 198 

highway  moneys  to  be  paid  to 195 

custodian  of  and  accountable  for 195 

report  as  to  196 

filed  with  town  clerk 196 

transmitted  to  commission 196 

printed  in  proceedings  of  board  of  supervisors 196 

published  in  newspaper  196 

transmission  of  copy  of  proceedings  to  commission  and  comp- 
troller   196 

state  aid,  amount  to  be  paid  to 194 

undertaking  to  be  executed  and  filed  with  county  treasurer 194 

Supervisor: 

custodian  of  moneys 137 

disbursements 138 

report 139 

accounts 140 

compensation 140 

Supervisors,  board  of: 

amount  voted  for  highways  and  bridges,  levy  of 190 

bonds  for  highway  and  bridge  purposes 190 

issue  and  sale  . 191 

levy  of  tax  for  payment 191 

bridges,  levy  of  taxes  for  county’s  share 264 

over  town  boundaries,  levy  of  tax  for 266 

construction  or  improvement  of  highway  at  joint  exnense  of  county 

and  town 288 

contracts,  award  of  288 

determination  as  to  apportionment  of  cost 288 

district  or  county  superintendent  to  supervise 288 

payment  of  cost  288 

county  highway,  appropriation  to  pay  share  of  county  and  towns.  . . 226 

approval  of  amended  estimate 218 

completion,  protest  against  acceptance 223 

connecting  highways  through  villages,  may  construct 226 

contracts  for  construction  awarded  to 221 

designation  of  person  to  execute 221 

final  resolution  for  construction 217 

final  resolution  to  make  available  share  of  county  and  town.  . . . 218 

levy  and  collection  of  cost 229 

payment  of  cost  in  first  instance  by  state,  resolution  to  request . . 226 


332 


Supervisors,  board  of  — continued:  page. 

preliminary  resolution  for  construction 215 

resolution  modifying  method  of  payment 227 

town  authorized  to  borrow  money  to  pay  cost 229 

county  superintendent,  appointment  154 

salary,  a county  charge 154 

removal  for  cause  155 

levy  of  highway  taxes 186 

maintenance,  levy  of  town’s  share 240 

state  or  county  highway,  gravel,  stone  or  other  material,  acquisition 

of 232 

right  of  way,  acquisition  of 232 

proceedings  to  acquire  233 

payment  of  award  and  cost 234 

Survey: 

order  laying  out  highway  to  include 244 

state  and  county  highways,  division  engineer  to  make 216 

Taking  effect: 

time  of,  of  certain  provisions 299 

Tax: 

unworked,  return  and  levy  of 182 

on  state  lands  105 

Teams  and  implements: 

employment  of  by  town  superintendent 162 

Telegraph  poles: 

in  highways,  assessment  of  cost  of  removal 169 

removal  procedure 166 

Telephone  poles: 

in  highways,  assessment  of  cost  of  removal 169 

removal  procedure  166 

Telford  base: 

state  or  county  highway,  provision  for 216 

Time  of  taking  effect: 

of  certain  provisions  of  law 299 

Tires: 

width  to  be  prescribed  by  commission 164 

Toll  bridges: 

unsafe,  to  be  repaired 178 

town  superintendent  may  repair 178 


333 


Toll  roads : page. 

acquisition  by  board  of  supervisors 294 

Tools  and  implements: 

inventory,  town  superintendent  to  make 165 

supervisors’  report  to  contain 196 

purchase  by  town  superintendent 165 

inventory 93 

storage 93 

See  Machinery. 

Town  accounts: 

uniform  system  63 

Town  board: 

agreement  with  town  superintendent  as  to  expenditures 195 

anticipation  of  tax,  consent  to  borrow 190 

audit  of  expenditures  for  bridges  and  other  purposes 196 

bridges  over  boundaries,  notice  to  build  or  repair 264 

direction  to  town  superintendent  to  rebuild  or  repair 265 

proceedings  in  court  to  compel  repair  or  construction 265 

change  of  grade,  agreement  as  to  damages 172 

construction  of  town  highways  by  contract 164 

county  highway,  authority  to  borrow  money  to  pay  share  of  town . . 229 

contracts  for  construction  awarded  to 221 

damages  caused  by  defective  highways  and  bridges,  audit 179 

payment,  how  made  180 

estimate  of  expenditures,  duties  as  to 187 

extraordinary  repairs,  approval  187 

statement  of  probable  cost  to  be  signed  by 187 

guide  boards,  consent  for  erection 176 

pipes  in  town  highway,  commisison  to  lay 173 

purchase  of  machinery,  etc.,  approval 165 

of  gravel  and  stone,  approval 166 

removal  of  town  superintendent,  procedure 160 

appointment  to  fill  vacancy 160 

county  court  may  direct 161 

shade  trees,  consent  to  allowance. 175 

sidewalks,  construction  and  maintenance,  consent 175 

town  superintendent,  appointment 159 

compensation,  may  fix 160 

accounts  for,  audit 160 

deputy  may  be  appointed 160 

trees  and  sidewalks,  consent 174 

watering  troughs,  consent  to  construction  and  maintenance 175 

wire  fences,  approval  of  contract  for  furnishing 170 


334 


Town  charges:  page. 

costs  in  proceedings  to  lay  out,  etc.,  highway 249 

damages  for  change  in  grade  of  town  highway 172 

damages  in  proceedings  to  lay  out,  etc.,  highway  . 250 

expenses  of  town  superintendent  at  meetings 163 

sidewalks,  construction  and  repair 175 

Town  clerk: 

compensation  for  services 198, 

list  of  town  officers  to  be  forwarded  by 198 

statement  of  probable  cost  of  extraordinary  repairs 187 

transmission  of  estimate  to  commission 187 

directions  for  guidance 142-144 

member  of  town  board 142 

compensation 143 

preparation  of  reports 144 

statement  of  extraordinary  repairs 144 

Town  highways: 

additional  expenditure  for  repair  and  improvement 198 

change  of  grade,  damages  for 172 

payment  of  damages 172 

contracts  for  construction  of 164 

defined 146 

plans  and  specifications,  approval  by  district  or  county  superin- 
tendent   156 

See  Highways. 

Town  highways  and  bridges: 

mileage  and  amount  raised  by  tax 10 

Town  meetings: 

additional  tax  for  highway  and  bridges  may  be  voted 187 

submission  of  proposition 189 

appointment  of  town  superintendent,  submission  of  proposition 160 

borrowing  money  for  highway  and  bridge  purposes 190 

submission  of  proposition 190 

excess  of  limitation,  submission  of  proposition 189 

special,  called  for  submission  of  proposition  as  to  appointment  of 

town  superintendent 159 

town  highways,  proposition  for  additional  expenditures  for  improve- 
ment and  maintenance 198 

Town  officers: 

town  clerk  to  forward  list  of,  to  commission 198 

Town  patrolman: 

appointment,  compensation  and  equipment 80 

duties 81 


335 

Town  records:  page. 

filing 143 

Towns: 

county  highways,  share  of  cost 227 

division  of,  into  districts 162 

Town  superintendent  of  highways: 

appointment,  submission  of  proposition  for 159 

town  board,  when  to  appoint 160 

election 159 

abandoned  highways,  to  record  description 259 

accounts,  to  be  kept  in  method  prescribed  by  commission 198 

agreement  with  town  board  as  to  expenditures 195 

approaches  to  private  lands,  when  to  construct 178 

bridges  over  boundaries,  construction  or  repair  upon  order  of  court.  266 

report  of  proceedings  in  respect  to  building  or  repairing 266 

brush,  to  cause  to  be  removed 163 

assessment  of  cost  of  removal 169 

removal,  in  case  of  failure  of  owner  or  occupant 168 

closing  highway  for  repair  or  construction,  duties 180 

erection  of  temporary  highway  or  bridge 180 

compensation  and  expenses 160 

when  payable  160 

contracts  for  construction  of  town  highways 164 

definition 146 

deputy,  appointment  160 

compensation;  audit  of  accounts 160 

duties 162 

division  of  town  into  districts  by 162 

employment  of  persons  with  teams  and  implements 162 

entry  upon  lands  for  protection  of  highways 171 

damages  to  owners  of  lands 171-172 

erection  of  monuments  at  boundaries 164 

estimate  of  expenditures  for  highways  and  bridges 185 

extraordinary  repairs,  when  to  be  made 187 

gravel  and  stone,  purchase  of  166 

guide-boards,  erection  of 176 

refusal  or  neglect,  liability 176 

highway  commissioners  to  perform  duties 160 

inspection  of  highways  and  bridges 156 

to  be  constructed  as  state  and  county  highways 163 

laying  out,  altering  or  discontinuing  highway  survey 244 

highways  by  dedication 244 

proceedings  in  respect  to 244-253 

See  Laying  Out,  Altering  and  Discontinuing  Highways. 

machinery,  tools  and  implements,  estimate  for 185 

housing  and  storage  of 165 

inventory  of 165 

recommendations  as  to  purchase 165 


336 


Town  superintendent  of  highways  — continued:  page. 

maintenance  of  state  and  county  highways,  compensation 241 

state  commission  to  fix 241 

See  Maintenance. 

measurement  of  highways 177 

meetings,  attendance  at 163 

expenses,  a town  charge 163 

negligence,  liability  of  town 179 

action  for,  by  town 179 

obstructions,  duty  to  remove 166 

assessment  of  cost  of  removal 169 

penalties,  to  be  collected  by 164 

neglect  or  refusal  to  prosecute,  liability 177 

pipes  in  highway,  permission  to  lay • 173 

powers  and  duties,  generally 162-164 

purchase  of  machinery,  tools  and  implements.  , 165 

private  road,  application  to  lay  out 253 

proceedings  (see  Private  Road) 253-256 

compensation  in  proceedings  to  lay  out 255 

credit  to  person  working 176 

prisoners,  application  for  services 177 

record  of  highways 163 

removal,  procedure 160 

appointment  to  fill  vacancy 160 

county  court  to  consider  appeal 161 

supreme  court  may  direct 161 

repairs  of  highways  and  bridges 162 

reports  to  district  or  county  superintendent 163 

salary  and  expenses,  report  of  expenditures 196 

shade  trees,  allowances  for  setting  out  (see  Trees) 175 

custody  and  control  of 175 

sidewalks,  repair  and  construction  (see  Sidewalks) 175 

sluices  and  culverts,  repairs 162 

snow  causing  obstructions,  removal  of  (see  Snow) 162 

state  and  county  highways,  ditches,  etc.,  to  be  kept  clear 168 

See  County  Highways ; State  Highways. 

state  commission  to  aid  and  advise 150 

stones  to  be  removed  from  highways  by  163 

superintendence  of  highways  and  bridges 162-164 

survey  to  cause  to  be  made 163 

term  of  office 159 

commencement 159 

when  appointed  by  town  board 160 

toll  bridges,  unsafe,  duties  in  regard  to 178 

trees  and  sidewalks,  duties  as  to 174 

vacancies,  filled  for  unexpired  term 160 

weeds,  to  cause  to  be  removed 163 

assessment  of  cost  of  removal 169 

removal,  upon  failure  of  owner  or  occupant 168 

watering  troughs,  authority  to  construct  and  maintain 175 

wire  fences,  contract  for  furnishing 170 


337 


Town  superintendent  and  deputy:  page. 

compensation 134 

removal 112 

Traction  engines: 

estimate  of  amount  required  for  purchase 185 

lease  or  hire  by  town  superintendent 1G6 

limitation  of  amount  to  be  raised 188 

purchase  by  town  superintendent 1G5 

rate  of  hire  established 166 


See  Machinery. 


Trade  fixtures  and  erections: 

proceedings  to  lay  out  highway  through 248 

Trees: 

fallen,  to  be  removed 293 

falling,  penalty  for 293 

fruit,  injury  to 292 

obstructions,  when  are 166 

planting,  authorized  by  town  superintendent 175 

shade,  allowances  for  setting  out 175 

expenditures  of  fund 175 

injury  to,  penalty 292 

custody  and  control  of 175 

to  whom,  belong  292 

state  or  county  highway,  plans  may  provide  for 216 

Trolley  poles: 

in  highways,  removal  166 

assessment  of  cost  of  removal 169 

Turnpike  and  plank  roads: 

acquisition  by  board  of  supervisors 294 

Vehicles: 

abandoned  in  highway  an  obstruction 166 

Villages: 

connecting  highways  with  county  highways 226 

county  highway,  preliminary  resolution  of  board 215 

differences  as  to  improvement  of  highways  extending  beyond  bounds.  251 

disagreement  between  officers  of,  and  town  superintendent 250 

proceedings  for  adjustment 250 

exemption  from  highway  tax 191 

Under  drainage: 

necessity  for,  etc 18 


22 


See  Drainage. 


338 


Undertaking:  page. 

application  to  laying  out,  etc.,  to  be  accompanied  by 245 

state  commissioners  to  execute 148 

deputy  commissioners  to  execute 148 

secretary  of  state  commission  to  execute 148 

supervisor,  before  receiving  moneys 195 

to  be  filed  with  county  treasurer 195 

transmission  to  commission  and  approval 195 

United  States: 

highways  in  lands  acquired  by,  abandonment 260 

Use  of  highways: 

twenty  years,  constitutes  a highway 253 

town  superintendent  to  record 261 

regulations  respecting 291 

warning  of  approach  of  traction  engines 291 

Value  of  highway  improvement:  4 

permanency  in  office  of  town  superintendent 5 

importance  of  good  roads 6 

Villages: 

separate  road  districts 191 

state  and  county  highways  constructed  through 225 

greater  width,  plans  and  specifications  may  provide 225 

payment  of  additional  cost 225 

protest  against  acceptance 225 

maintenance 241 

Vineyard: 

proceedings  to  lay  out  highway  through 248 

Water  pipes: 

in  highway,  permission  to  lay 173 

Watering  troughs: 

construction  and  maintenance 175 

allowance  for  maintenance 175 

location 129 

Weeds: 

noxious,  town  superintendent  to  remove 163 

owner  or  occupant  to  remove 168 

failure,  removal  by  town  superintendent 168 

assessment  of  cost  of  removal 169 

levy  of  cost  of  removal  against 169 


339 


Wide  tires:  page. 

commission  to  prescribe  width 154 

desirability  of  their  use 106 

Widening  roads: 

worn  away  by  streams,  proceedings  for 256 

Width: 

of  highway  laid  out 248 

state  or  county  highway,  increase  over  existing  highway 216 

Wire  fences: 

purchase  and  delivery  of  wire  to  owners 170 

Yards  and  enclosures: 

proceedings  to  lay  out  highway  through 248 


* 


UNIVERSITY  OF  ILLINOIS-URBANA 


12 112082273 


